Luberwitz v. Friedman — 147 N.Y.S. 1123

Majority

p. 1123

LUBERWITZ, Respondent, v. FRIEDMAN, Appellant.

(Supreme Court, Appellate Division, Second Department.

April 10, 1914.)

Headnote

Action by Samuel Luberwitz against Daniel Friedman.

Under the proofs in this case, the sole question to be submitted to the jury was whether the defendant master was in

p. 1124

good faith atitually 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.