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Allen v. Whitlark

Thomas Allen v. Joseph Whitlark

Allen v. Whitlark, 58 N.W. 470 (Mich. 1894)
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Court
Michigan Supreme Court · State Highest Courts
Decided
March 27, 1894
Judges
Grant, Hooker, Long, McGrath, Montgomery
Citations
58 N.W. 47099 Mich. 4921894 Mich. LEXIS 727
Disposition
Judgment of circuit court on certiorari reversed, and judgment of the justice’s court, in favor of the plaintiff, affirmed.
Cited by 4
Headnotes
Contract — Master and servant — Wrongful discharge — Damages— , Burden of proof. In an action by a servant to' recover damages for his wrongful discharge, the burden of proof is upon the master „to show what, if any, effort was made by the servant to obtain employment during the remainder of the period for which he was hired; citing Farrell v. School-District, 98 Mich. 43.
Summary
Error to Washtenaw. (Kinne, J.) Assumpsit. Plaintiff brings error. The facts are sufficiently stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hooker

Text extracted by OCR from a scanned original; check the original for exact wording.

Hooker, J.

The only question in this case is whether the burden of proof is upon plaintiff or defendant to show what, if any, effort was made by a wrongfully discharged servant to obtain employment during the remainder of the period for which he was hired, in a case where the servant brings an action for breach of the contract. The case is ruled by Farrell v. School-District, 98 Mich. 43 , which holds that it is upon the defendant.

The judgment of the circuit court will be reversed, and that of the justice affirmed, with costs of all courts.

McGrath, C. J., Grant and Montgomery, JJ., concurred. Long, J., did not sit.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →
1897: 11912: 11932: 11951: 118972026peak 1897 · 1

Relies on it most ⓘ

  1. Miller v. Yellowstone Irrigation District9 P.2d 795 (Mont. 1932)
  2. Robinson v. Western Union Telegraph Co.135 N.W. 292 (Mich. 1912)
  3. Chisholm v. Preferred Bankers' Life Assurance Co.70 N.W. 415 (Mich. 1897)
  4. Januska v. Mullins46 N.W.2d 398 (Mich. 1951)

Most recent

  1. Januska v. Mullins46 N.W.2d 398 (Mich. 1951)
  2. Miller v. Yellowstone Irrigation District9 P.2d 795 (Mont. 1932)
  3. Robinson v. Western Union Telegraph Co.135 N.W. 292 (Mich. 1912)
  4. Chisholm v. Preferred Bankers' Life Assurance Co.70 N.W. 415 (Mich. 1897)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Farrell v. Sch.-Dist. No. 2, 56 N.W. 1053 (Mich. 1893) 33

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