Turner v Mason
| Jurisdiction | England & Wales |
| Judgment Date | 06 May 1845 |
| Date | 06 May 1845 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 411
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER.
S. C. 2 D. & L. 894; 14 L. J. Ex. 311.
[112] turner v. mason. May 6, 1845.-Assumpsit for the wrongful dismissal of a domestic servant, without a month's notice or payment of a month's wages. Plea, that the plaintiff'requested the defendant to give her leave to absent herself from his service during the night, that he refused such leave, and forbade her from so absenting herself, and that against his will she nevertheless absented herself for the night, atid until the following day, whereupon he discharged her. Replication, that when the plaintiff requested the defendant to give her leave to absent hetself from his service, her mother had been seized with sudden and violent sickness, and was in imminent danger of death, and believing herself likely to die, requested the plaintiff to visit her to see her before her death, whereupon the plaintiff requested the defendant to give her leave to absent herself for that purpose, she not being likely thereby to cause any injury or hindrance to his domestic affairs, and not intending to be thereby guilty of any improper omission or unreasonable delay of her duties ; and because the defendant wrongfully and unjustly forbade her from so absenting herself for the purpose of visiting her mother, &c., she left hia house and service, and absented herself for that purpose for the time mentioned in the plea, the same being a reasonable time in that behalf, and she not causing thereby any hindrance to his domestic affairs, nor bedng thereby guilty of any improper omission or unreasonable delay of her duties, as she lawfully might, &c.:-Held, on demurrer, that the plea was good, as shewing a dismissal for disobedience to a lawful order of the master, and that the replication was bad, as shewing no sufficient excuse for such disobedience. [S. C. 2 D. & L. 894; 14 L. J. Ex. 311.] Assumpsit. The declaration stated, that, iti consideration that the plaintiff, at the request of the defendant, would become the servant of the defendant, to wit, in the 412 TURNER V. MASON 14M. &W.113. capacity of housemaid, for certain wages, to wit, the wages of £7 for the year, the defendant promised the plaintiff to employ her in that capacity, and for the wages afofesaid, and to continue her in such situation until the expiration of a month after notice or warning given by the plaintiff or defendant, or either of them, to put an end to such service; and that, in case the defendant should put an end to such service witihout such notice or warning, he should pay to the plaintiff' the said wages for a month. It then alleged that the plaintiff became the servant of the defendant upon tha terms aforesaid, and that, although she was ready and willing to continue in such service, yet the defendant discharged her without such notice or warning as aforesaid. Plea, that before the defendatit...
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