Herman v. Branch Motor Express Co.

The question in this case is whether a servant who is faithless to his master on Tuesday thereby forfeits the wage he earned on Monday. I hold that he does not.

Plaintiff is a truck driver. His 14 years of service to defendant came to an end on December 15, 1967, an eventful day during which plaintiff successively stole some thousand dollars worth of cargo, was apprehended by the FBI, and ceased to be defen: dant’s employee. Had his discharge come about for morally neutral reasons (such as a slackening qf defendant’s business), plaintiff would concededly have been entitled to $494.07 by way of…