Gonsolis v. Gearhart
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The facts and instructions appear in the opinion of the court. I. If there was misconduct on the part of the servant sufficient to authorize a discharge, he was not entitled to wages. (Posey v. Garth, 7 Mo. 94.) II. The instructions are inconsistent; and if so, the judgment must be reversed. (Schnerr v. Lemp, 17 Mo. 142; Wood v. Steamer Fleetwood, 19 Mo. 529.) III.
Read the full summary
Appeal from St. Louis Court of Common Pleas. The facts and instructions appear in the opinion of the court. I. If there was misconduct on the part of the servant sufficient to authorize a discharge, he was not entitled to wages. (Posey v. Garth, 7 Mo. 94.) II. The instructions are inconsistent; and if so, the judgment must be reversed. (Schnerr v. Lemp, 17 Mo. 142; Wood v. Steamer Fleetwood, 19 Mo. 529.) III. Moral misconduct on the part of a servant, even though the employer be not directly injured thereby, is held to justify the discharge of the servant. (Rose v. Brampton, Caldecott, 11;…
1Opinion of the CourtBay, Judge
Plaintiff was employed by the captain of the steamer Southwester to act as a pilot on said boat for the period of six months, at a compensation of six hundred dollars per month. On the 28th of May, 1858, he was discharged and paid for his services up to that time. The suit was brought against the owners of the boat for discharging him before the expiration of the time for which he was engagéd.'
The defendants seek to justify the discharge upon the ground of alleged drunkenness of plaintiff on the boat, and while in the discharge of his duties as pilot, so that it became unsafe for him to pilot…
2Cases cited1 opinion
- Bay v. SullivanSupreme Court of Missouri · 1860
3Cited by2 opinions
- Bass Furnace Co. v. GlasscockSupreme Court of Alabama · 1886
- Carson v. Mccormick Harvesting Machine Co.Court of Appeals of Kansas · 1889