Allen v. Whitlark
99 Mich. 492 | Mich. | 1894
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.