Roscoe's Digest of the Law of Evidence On the Trial of Civil Actions

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r. 15.
It is a good defence that the servant has already recovered damages for wrongful dismissal from the service ; for he cannot by subsequently tendering his services recover for a continued refusal to employ him throughout the original time of service. Barnsley v. Taylor, 37 L. J. Q. B. 39. See, however, Unwin v. Clarke, 35 L. J. M. C. 193; L. R. 1 Q.. B. 417. A workman at weekly wages, who has under the Workmen's Compensation Act, 1906, claimed and received compensation for an injury causi
...ng him partial incapacity to work, is not entitled to wages during the time he is so incapacitated. See Elliott v. Liggens, 71 L. J. K. B. 483; [1902] 2 K. B.
84. But the receipt of compensation under the Act is not of itself a deter- mination of the employment. Warburton v. Co-operative Wholesale Society, 86 L. J. K. B. 529; [1917] 1 K. B. 663. It is a defence to an action against the master for not teaching an apprentice A. that the latter refuses to be taught; Raymond v. Minton, 35 L. J. Ex. 153; L.


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