Luberwitz v. Friedman

Under the proofs in this case the sole question to be submitted to the jury was whether the defendant master was in good faith actually dissatisfied with the services of the plaintiff servant at the time of the discharge in question. As the issue was not submitted to the jury on this theory, the judgment and order are reversed and a new trial granted, costs to abide the event. Jenks, P. J., Carr, Rich, Stapleton and Putnam, JJ., concurred.