179 A.D. 153 | N.Y. App. Div. | 1917
The contract was dated July 17, 1915, and plaintiff immediately went to work. He was not discharged until November. It appears that plaintiff was an inventor and an automobile expert and mechanic and that he had obtained a patent for a certain device for starting, lighting and ignition systems on automobiles. His employment was in connection with
The court improperly charged the jury that “ the burden is upon the defendant to justify his, plaintiff’s, discharge, and to show that the services were in fact unsatisfactory.” There was no other charge on the burden of proof. In such a case, upon proof ■ of a valid contract and discharge the burden is undoubtedly on the defendant of coming forward with evidence that the employee was discharged because of dissatisfaction, and it is true that such dissatisfaction must be genuine, but the burden of proof on the whole case is on the plaintiff and he must show that the claim of dissatisfaction
The judgment and order should be affirmed, with costs.
Smith and Page, JJ., concurred; Scott and Dowling, JJ., dissented.
Judgment and order affirmed, with costs.