231 Mass. 180 | Mass. | 1918
This is an action to recover damages for breach of an agreement by the defendant to employ the plaintiff to work on a farm for one year at stipulated wages for himself and wife, and to furnish the plaintiff witiTrooms and board for himself, his wife and two children, all living in the house with the defendant and his sister. The plaintiff was discharged under these circumstances: Somewhat late on a July night the defendant came into the house with his sister and guests and made considerable unnecessary noise in closing doors and otherwise, whereby the sleep of the plaintiff and his wife was disturbed. Similar noises had been made late on other nights by the defendant, although without intention and without a purpose to annoy or disturb the plaintiff. Thereupon the plaintiff called from the second floor to the defendant in a loud and angry voice, "Mr. Frank, I wish
The facts as found must be accepted as true. The only question is whether as matter of law on these facts, with all inferences rationally to be drawn therefrom, the finding of the judge in favor of the plaintiff can stand.
The relation of master and servant imposes upon each, touching the work to be performed, the duty to be reasonably respectful to the other both in words and behavior, and to refrain from
The words of the plaintiff, while lacking in ordinary politeness on both occasions, did not amount to insubordination.' They were a breach of courtesy, but did not indubitably manifest a disposition not to perform his contract. No order respecting his work was disregarded. He was acting under some provocation due to the conduct of the defendant, which, although unintentional, might have been construed as designed to cause annoyance. The statement by the defendant that the plaintiff must apologize was not an order as to work. It was rather the interpretation put by the defendant upon the gravity of the conduct of the plaintiff. The refusal of the plaintiff to follow this suggestion was not necessarily insubordination. Both the demand and the refusal rested in part upon a construction of the motive which prompted the spoken words. Apparently, from the facts found by the judge, there was misunderstanding in this respect by each party. Persons living under the conditions here disclosed, when innocent misunderstandings or other stress arise, may be obliged to exercise some forbearance toward each other. Doubtless a servant may be discharged rightly for disrespectful words or conduct. Hasty utterance of the nature here disclosed touching a single matter is not necessarily a breach of contract or a sufficient ground for ending it. Whether the language used by the plaintiff and his manner under all the circumstances were sufficient basis for his discharge, so far as it is a question of fact, has been decided adversely to the defendant. It does not appear upon this record that by the refusal to grant requests for rulings or. otherwise, the
Exceptions overruled.