Legal Opinion

Bass Furnace Co. v. Glasscock

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 13 opinions

Appeal from the Circuit Court of Cherokee. Tried before the Hon. James Aiken. This action was brought by Thomas Glasscock against the appellant, a private corporation, to recover damages for an alleged breach of a contract of employment; and was commenced on the 4th January, 1884. The complaint contained two special counts on the contract, and the common count for work and labor was added.

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Appeal from the Circuit Court of Cherokee. Tried before the Hon. James Aiken. This action was brought by Thomas Glasscock against the appellant, a private corporation, to recover damages for an alleged breach of a contract of employment; and was commenced on the 4th January, 1884. The complaint contained two special counts on the contract, and the common count for work and labor was added. The defendant’s pleas, as set out in the record, signed by his attorneys, were — 1st, non assumpsit; 2d, “that plaintiff failed to perform his said contract from drunkenness and neglect, whereby defendant…

1Opinion of the CourtSOMEBiVILLE, J.

— 1. The first portion of the charge given by the court, to which exception is taken, raises the inquiry, under what circumstances an employer is justified in discharging an employee from his service on the ground of drunkenness. The plaintiff was employed by the defendant company, to reduce to charcoal, or, as expressed by the witness, to “coai” the wood on a tract of land owned by the company, for which he was to be paid wages at the rate *454of fifty dollars per month. The evidence tends to show that the plaintiff, a short while before his discharge, was drunk on premises of the defendant,…

2Cases cited1 opinion

  1. Gonsolis v. GearhartSupreme Court of Missouri · 1862

3Cited by13 opinions

  1. Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
  2. Simmons v. CochranSupreme Court of Alabama · 1949
  3. Lake Erie & Western Railway Co. v. JudayIndiana Court of Appeals · 1898
  4. Springfield & Northeastern Traction Co. v. WarrickIllinois Supreme Court · 1911
  5. Bufford v. LittleSupreme Court of Alabama · 1909

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