8 Wis. 229 | Wis. | 1859
By the Court,
As it appears to ns the material question in this case is the one raised as to the correctness of the following instruction asked for by the defendants and refused by the circuit court, to wit: “If the jury should find from the evidence that the plaintiff agreed with the defendants to work with them as foreman on their brick-yard during the brick-making season of 1S57, and said plaintiff left their employ without their consent, and without any good cause, before the expiration of the brick-making season, then they must find for the defendants.” The circuit court refused to give this instruction, having charged the jury that if they found that the plaintiff hired out to the defendants for the brick-making season, and left their employ before the expiration of the season, without their consent, that then they should allow him whatever his services were worth after deducting the damages if any sustained by the defendants, by reason of the plaintiff’s leaving before the expiration of the season.
As a matter of law we suppose if it had appeared from the
A still further objection is taken to the verdict, which is
The judgment of the circuit court is affirmed.