Alabama Northern Ry. Co. v. Hoge

• Decision Date: 30 June 1922
• Docket Number: 7 Div. 339.
• Citation: 93 So. 517,207 Ala. 692
• Parties: ALABAMA NORTHERN RY. CO. v. HOGE.
• Court: Alabama Supreme Court

93 So. 517

207 Ala. 692

ALABAMA NORTHERN RY. CO. v. HOGE.

7 Div. 339.

Supreme Court of Alabama

June 30, 1922

Appeal from Circuit Court, Clay County; W. L. Longshore, Judge.

Action by S. C. Hoge against the Alabama Northern Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under§ 6, Acts 1911, p. 449. Affirmed.

Lackey, Pruet & Glass, of Ashland, for appellant.

Garrison & Gay, of Ashland, for appellee.

SOMERVILLE, J.

The complaint alleges that plaintiff was employed by the defendant company for one year at $150 a month, and that, although he held himself in readiness to do his work, defendant failed or refused to furnish the work during the last two months of the term, to plaintiff's damage in the sum of $300.

The case was tried before the court without a jury, and we think the evidence fairly supports the finding that plaintiff was employed as president of the company for a year at a salary of $150 a month, and that he was discharged without fault on his part; and that, having held himself in readiness to do his work during April and May, 1921, he was entitled to recover the stipulated salary for those months. Strauss v. Meertief, 64 Ala. 299, 38 Am. Rep. 8.

The judgment will therefore be affirmed.

Affirmed.

ANDERSON. C.J., and THOMAS and MILLER, JJ., concur.