Collins v. Glass
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — How. Jambs G-iBsoNj Judge. (1) When the discharge of a servant is justified on the grounds of his having been intoxicated, and evidence is produced tending to show intoxication during the hours of his service, evidence that others had seen him sober at other times during his hours of service is immaterial, either as evidence in chief or in rebuttal. Suttie v.^Aloe, 39 Mo.
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Appeal from the Jackson Circuit Court. — How. Jambs G-iBsoNj Judge. (1) When the discharge of a servant is justified on the grounds of his having been intoxicated, and evidence is produced tending to show intoxication during the hours of his service, evidence that others had seen him sober at other times during his hours of service is immaterial, either as evidence in chief or in rebuttal. Suttie v.^Aloe, 39 Mo. App. 38-40 ; Coale v. Railroad, 60 Mo. 227-232 ; Lester ?>. Railroad, 60 Mo. 265 ; Chambers v. Hill, 34 Mich. 523. And that the error was prejudicial to the defense is clear. Suttie…
1Opinion of the CourtSmith, P. J.
Plaintiff sued defendant for damages. He alleged that he entered into a written contract with defendant whereby the latter agreed to employ him as bar-tender for one year at $70 per month, and that at the end of the third month he discharged him without good cause; that he was unable to obtain regular employment for the remainder of the term of his employment under his contract. The answer admitted plaintiff’s service, and then alleged that defendant discharged plaintiff on account of incompetency caused by frequent intoxication, and because he was quarrelsome, unaccommodating and negligent…
2Cases cited6 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Bogie v. NolanSupreme Court of Missouri · 1888
- Voss v. McGuireMissouri Court of Appeals · 1887
- Sheehan & Loler Transportation Co. v. SimsMissouri Court of Appeals · 1889
- Suttie v. AloeMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Maratta v. Chas. H. Heer Dry Goods Co.Missouri Court of Appeals · 1915