Latimer v. York Cotton Mills
Supreme Court of South Carolina
Action by W. C. Latimer against York Cotton Mills. From judgment for plaintiff, defendant appeals. cite: Mitigation of damages may be given under general denial: 25 Hun., 498; 5 Ency. P. & P., 776; 43 N. Y., 231; 61 N. Y., 370; 14 Ency., 795, 793; 16 Am. St. R., 403; 20 Id., 359; 22 L. R. A., 690. Earnings in meantime are in mitigation of damages: 4 McC., 246; 5 Rich.
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Action by W. C. Latimer against York Cotton Mills. From judgment for plaintiff, defendant appeals. cite: Mitigation of damages may be given under general denial: 25 Hun., 498; 5 Ency. P. & P., 776; 43 N. Y., 231; 61 N. Y., 370; 14 Ency., 795, 793; 16 Am. St. R., 403; 20 Id., 359; 22 L. R. A., 690. Earnings in meantime are in mitigation of damages: 4 McC., 246; 5 Rich. L-, 519. New trial should be granted where jury disregard instructions: 19 S. C., 489; 16 S. C., 14. Verdict cannot be sustained on grounds not stated in charge: 23 S. C., 105; 33 S. C., 28.
1Opinion of the Court
April 20, 1903. The opinion of the Court was delivered by This was an action for damages for the alleged breach of contract of employment, and resulted in a verdict and judgment in favor of plaintiff. The complaint alleged a contract of employment between plaintiff and defendant for one year from 14th February, 1901, at $900, payable $75 monthly. That plaintiff after serving defendant thereunder for one month was unlawfully discharged, for which $900 damages were claimed. The answer admitted that defendant had employed plaintiff at a salary of $50 per month, with the right reserved to…
2Cases cited9 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Hinchcliffe v. KoontzIndiana Supreme Court · 1890
- John C. Lewis Co. v. ScottCourt of Appeals of Kentucky · 1894
- Wallis v. LoubatNew York Supreme Court · 1845
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3Cited by16 opinions
- Holland v. Spartanburg Herald-Journal Co.Supreme Court of South Carolina · 1932
- Shivers v. John H. Harland Co., Inc.Supreme Court of South Carolina · 1992
- Patterson v. I. H. Services, Inc.Court of Appeals of South Carolina · 1988
- Montgomery v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
- Camp Mfg. Co. v. BeckCourt of Appeals for the Fourth Circuit · 1922
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