May
May v. New York Motion Picture Corp.
Opinion
Lead Opinion
Pinlayson, J.
'This is an action by a motion picture actress, employed by defendant, to recover for an alleged wrongful discharge, alleged to have occurred about twenty-one weeks before the expiration of the term of her employment.' Prom a judgment for plaintiff for $2,123.60, based on the verdict of a jury, defendant appeals.
The only controversy between the parties is whether the discharge was wrongful, and, if not, whether the damages awarded plaintiff were excessive. In the main, the questions presented by this appeal are concerned with certain instructions to the jury.
Plaintiff and defendant entered into a written contract, which, so far as material to our purpose, is as follows: “The party of the first part [defendant] hereby engages the party of the second part [plaintiff] as motion picture actress to enact roles in the motion picture productions of the party of the first part in its company and such companys as the party of the first part may hereafter form, for a period of one year, commencing June 16, 1915, and ending June 16, 1916, for a salary of $75.00 weekly. . . . The party of the second part agrees to abide by. the rules and regulations of the producing company to which she…