De Briar v. Minturn
| Decision Date | 01 June 1851 |
| Court | California Supreme Court |
| Parties | DE BRIAR v. MINTURN. |
APPEAL from the District Court of the Third Judicial District, where judgment was rendered in favor of the plaintiff. The facts will be found in the opinion of the Court.
Alexander Wells, for Plaintiff.
Mr. Tingley, for Defendant.
By the Court, BENNETT, J. The defendant was an innkeeper. He employed the plaintiff as a barkeeper, and was to give him three hundred dollars per month for his services, and allow him the privilege of occupying a room so long as he remained in the defendant's employ. The plaintiff was not hired for any definite period, and he was discharged by the defendant. After such discharge, the defendant notified the plaintiff to leave the room which he occupied, at the end of the month. The plaintiff did not comply with the notice, and the defendant put him out of the house by force; and this action is brought to recover damages for being thus ejected. The jury rendered a verdict in favor of the plaintiff for six hundred dollars.
We do not see how any action can be maintained upon the facts presented. The plaintiff had no right to remain in the defendant's house after being notified to leave, and the defendant had a right to eject him. It does not appear that any more force was used than was necessary, or that the facts would warrant anything more than nominal damages, even if an action could be sustained at all. We think a new trial should be granted.
Ordered accordingly.
To continue reading
Request your trial
-
Toussaint v. Blue Cross & Blue Shield of Michigan
...cited were Tatterson v. Suffolk Mfg. Co., 106 Mass. 56 (1870); Wilder v. United States (Wilder's Case), 5 Ct.Cl. 462 (1869); De Briar v. Minturn, 1 Cal. 450 (1851).14 In Franklin Mining the jury was permitted to infer the contract duration from the circumstances surrounding its formation. (......
-
Tipsword v. Potter
... ... right to terminate the employment and to forcibly eject the ... employee from the room. (De Briar v. Minturn, 1 Cal ... 450; Bourland v. McKnight, 79 Ark. 427, 96 S.W. 179, ... 4 L. R. A., N. S., 698; School Dist. of Alpine Twp. v ... ...
-
Woodson v. McLaughlin
...19; 17 Times L. R. 362; 1 Irish Jur. 313; 6 Scott, L. R. 301. He may eject the servant without process of law. 1 Irish Jur. N. S. 313; 1 Cal. 450; 6 Scott, L. R. 369, or without notice quit. 4 El. & Bl. 347; 1 Jur. N. S. 303; 24 L. J. Q. B. N. S. 54. An action for trespass will not lie agai......
-
Russell & Axon v. Handshoe, G-6
...there is some stipulation as to the length of time for which the employment shall continue. Blaisdell v. Lewis, 32 Me. 515; De Briar v. Minturn, 1 Cal. 450. If a term of employment be discretionary with either party, or be indefinite, either party may terminate it at any time. Wood, Mast. &......