8iz THE POPULAR SCIENCE MONTHLY. 



cook will not grumble at it. She, if anybody, ought to know that the 

 frying-pan is better than the fire. 



Nor can the party hiring deduct from the servant's wages any sum 

 paid a physician called in by the hirer for the servant without the re- 

 quest or consent of the latter, nor in this case can a cross-action be 

 brought for such sum, as the act is considered as merely one of gene- 

 rosity.* 



If a servant hired for a specific time is wrongfully discharged be- 

 fore the expiration of the time for which she was hired, she can sue 

 the party hiring for a breach of contract. She can bring an action 

 either to recover for the services that she has actually rendered or for 

 damages for the breach, in which latter case she can recover any 

 amount already due her for services, and also compensation for 

 damages sustained by the wrongful dismissal.f She can not wait, 

 however, until the expiration of the period for which she was hired, 

 and then sue for the whole wages on the ground of a constructive ser- 

 vice.! It is obligatory upon her to diligently try to find another place. 

 She must make reasonable exertions to diminish the damages. This 

 is an active duty which the law wisely imposes. " Public interest and 

 sound morality accord with the law in demanding this, and if the in- 

 jured party through negligence or willfulness allows the damages to 

 be unnecessarily enhanced, the increased loss falls upon him, and he 

 can recover nothing for damages which by reasonable diligence on his 

 part could have been prevented." \ If the servant has been unable to 

 find employment, and has been forced into involuntary idleness by 

 circumstances, her damages will be an amount equal to the whole 

 compensation agreed upon. This was held in a case where the action 

 did not happen to be brought until the time of hiring had expired.* 

 In another case where a servant who had been hired for two months 

 was discharged without cause at the end of five days, it was held that 

 the servant was entitled to recover the wages for the whole two 

 months, although there had been so few days' service. || 



If, now, on the other hand, the servant hired for a specific time is 

 justly dismissed, or without reasonable cause leaves the service, what 

 are her rights in regard to wages ? Chancellor Kent says that in such 

 case she loses her right to wages for the period she served. A This is, 

 undoubtedly, the rule where the full performance of the contract is a 

 condition precedent to the right to wages, and through the servant's 

 fault fulfillment becomes out of the question. Common sense and 

 strict justice, however, lead to a different rule where the fulfillment of 

 the contract is prevented or rendered impossible by the sickness or 

 death of the servant. The law makes a distinction between the will- 

 ful or negligent violation of a contract and where its fulfillment is 

 prevented by the act of God. " In the one case, the application of 



* 2 Story on Contr., 1,297. f 4 Daly, 401. % 2S New York, 76. 



* 1 E. D. Smith, 70. || 26 IIow. Pr., 528. A 2 Kent, p. 292. 



