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2 Addison on Torts: A Treatise on Wrongs and Their Remedies 1891

handle is hein.beal/ddtr0002 and id is 1 raw text is: *582 *CHAPTER IX. INJURIES TO RIGHTS ARISING OUT OF THE DOMESTIC RELATIONS. SECTION I. INJURIES TO THE RIGHTS OF A MASTER. 616. Injuries to the rights of a master-Personal injuries to the servant.-The master is entitled to maintain an action for dam- ages for a personal injury to his servant, whereby he has been deprived of his services, and may recover the expenses incurred in curing the servant's personal injuries and recovering the benefit of his services. If an assault is committed upon a ser- vant, and the master has lost the benefit of his service by reason of the assault, an action for damages is maintainable both by the servant and the master; but the master cannot have an ac- tion for the beating, unless the battery is so great that, by rea- son thereof, he loses the services of his servant; but the servant himself, for every small battery, shall have an action; and the reason of the difference is, that the master has not any damage by the personal beating of his servant, but by reason of the loss of service (a). . 617. The service.-An actual service is sufficient; and it is unnecessary to prove any legal contract to serve (6). 618. Personal injuries arising from breach of contract.-If the act complained of is in effect a breach of contract, e. g., the neglect of a railway company to carry a servant, who is a pas- senger on their railway, safely, the master of the servant is not entitled to sue the railway company, for the contract is not with him (c). (a) Robert Mary's case, 9 Co. 205. It is held in Massachusetts that al- (b) Fitz. N. B. 919. Barber v. though the contract arising from the Dennis, 6 Mod. 69; 1 Salk. 68. purchase of a railroad ticket is made (c) Alton v. Midland Rail. Co., 19 with an apprentice alone in his own C. B., N. S. 213; 34 L. J., C. P. 292. right, that does not exclude liability Marshall v. Y. & N. Rail. Co., 11 C. in tort for injuries caused by the B. 655. Austin v. G. 1W. Rail. Co., L. negligence of the carrier, nor debar R., 2 Q. B. 442; 36 L. J., Q. B. 201. the master who has suffered damages (749)

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