Batchelder v. Standard Plunger Elevator Co.
Supreme Court of Pennsylvania
Jan. T., 1909, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1906, No. 640, dismissing exceptions to report of referee in case of Albert E. Batchelder v. Standard Plunger Elevator Company. Assumpsit to recover damages for an alleged wrongful discharge of plaintiff by defendant, his employer. Exceptions to report of referee.
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Jan. T., 1909, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1906, No. 640, dismissing exceptions to report of referee in case of Albert E. Batchelder v. Standard Plunger Elevator Company. Assumpsit to recover damages for an alleged wrongful discharge of plaintiff by defendant, his employer. Exceptions to report of referee. The referee, Chester N. Farr, Esq., found as follows: FINDINGS OF FACT. 1. That the plaintiff possessed the necessary mechanical skill and executive ability to carry out the work of employment in the office of outside foreman for which he had contracted to…
1Opinion of the Court
Per Curiam,
February 14, 1910:
Under the first four findings of fact by the referee, the appellant had no right to discharge the appellee for inefficiency. If his acts of disobedience and his intoxication constituted causes for his discharge, they were clearly condoned by the appellant by continuing him in its employ for a year and a half after his last refusal to obey an order and for nearly two years from the time he was somewhat under the influence of liquor while at work. If the use of the defendant’s men on February 2, 1906, to assist another contractor gave the appellant the right to…
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