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ARTICLE II.

OBLIGATIONS OF THE EMPLOYER

SECTION 810. Employer must indemnify employee.

811. Exceptions.

812. Employer to indemnify for his own negligence.
813. Definitions of care, &c.

employee.

§ 810. The employer must indemnify the employee, Employer except as prescribed by the next section, for all that he demnify necessarily expends or loses in direct consequence of the discharge of his duties as such,' or of his obedience to the directions of the employer,' even though unlawful,' if the employee had not, at the time of obeying such directions, the means of knowing them to be unlawful.

1

Story Agency, § 335 to § 340; Code of La., 2991,
2993; Castle v. Noyes, 14 N. Y., 332; Ramsay .
Gardner, 11 Johns., 439; Adamson v. Jarvis, 4 Bing.,
66; Betts v. Gibbins, 2 Ad. & El., 57; Taylor v. Stray,
2 C. B. (N. S.), 196.

Roberts v. Smith, 2 H. & N., 213.

Adamson v. Jarvis, 4 Bing, 66; see Humphrys v.

Pratt, 5 Bligh (N. S.), 154; as explained in Collins v.
Evans, 5 Q. B., 829, 830.

§ 811. He is not bound to indemnify an employee for Exceptions. losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business,' unless he has neglected to use ordinary care in the selection of the culpable employee.'

1 Sherman v. Rochester and Syracuse R. R., 17 N. Y.,
156; Russell v. Hudson River R. R., id., 136; Coon v.
Syracuse and Utica R. R., 5 N. Y., 492; Boldt v. New
York Central R. R. 18 N. Y., 432.

* See same cases, and Ormond v. Holland, Ell. B. & E., 105.

§ 812. He must in all cases indemnify the employee for Employer losses caused by his own ordinary negligence.

to indemnify for his own negli

Roberts v. Smith, 2 H. & N., 213; Keegan v. Western R. gence.
R., 8 N. Y., 175, 180.

§ 813. Care, diligence, and negligence, as mentioned in Definitions this title, are defined in the title on DEFINITIONS.

of care, &c.

Duties of

gratuitous employee.

Duties of employee

Duties of employee

for his own

benefit.

ARTICLE III.

OBLIGATIONS OF THE EMPLOYEE.

SECTION 814, 815, 816. Duties of gratuitous employee.
817. Duties of employee for reward.

818. Duties of employee for his own benefit.

819. Obedience of employee.

820. Employee to conform to usage.

821. Degree of skill required.

822. Duty to account.

823, 824. Duty to pay over.

825. Preference to be given to employers.

826. Delegation of employment.

827. Responsibility for negligence.

828. Surviving employee.

829. Confidential employment.

§ 814. One who without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he must use at least slight care and diligence therein.

Edson v. Weston, 7 Cow., 278; Coggs v. Bernard, 2
Ld. Raym., 909.

§ 815. One who induces another to intrust him with the performance of a service, must perform the same fully. In other cases one who undertakes a gratuitous service may relinquish it at any time.

See Story Bailm., § 166.

816. One who accepts a written power of attorney must act under it so long as he retains it.

Code La., 2971.

817. One who, for a good consideration, agrees to serve another, must perform the service, and must use ordinary care and diligence therein, so long as he is thus employed.

Story on Bailm., §§ 398, 399, 429, 442.

§ 818. One who is employed at his own request to do that which is more for his own advantage than for that of his employer, must use great care and diligence therein.

of employee

§ 819. The employee must obey all the lawful directions Obedience of his employer concerning the service on which he is engaged,' except in case of an emergency which, so far as he has the means of knowing, his employer did not contemplate, in which he cannot be consulted, and in which disobedience is absolutely necessary for the protection of his interests."

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to conform

§ 820. The employee must perform his service in con- Employee formity to the usage of the place of performance, unless to usage, otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his employer to do so.

Story on Agency, § 199. See Horton v. Morgan, 19
N. Y., 170.

skill requir

§ 821. He is bound to exercise a reasonable degree of Degree of skill,' unless the person for whom he does the service has ed. notice of his want of skill. He is always bound to use such skill as he possesses."

1 Harmer v. Cornelius, 5 C. B. (N. S.), 236; Story Bailm.,
S$ 431-435.

2 Shiells v. Blackburne, 1 H. Blacks., 158.

Wilson v. Brett, 11 M. & W., 113.

count.

§ 822. He must, on demand, render to his employer Duty to acjust accounts of all his transactions in the course of his service, as often as may be reasonable.'

'Story Ag., § 203.

over.

§ 823. He must render to his employer, upon demand, Daty to pay everything which he acquires on account of his employer, even though he should acquire it unlawfully.' He must render the same without demand, if so required by his instructions, or by usage."

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§ 824. The obligation imposed by the last section remains in force after the termination of the employment.'

1 1 Edmonston v. Hartshorne, 19 N. Y., 9.

to be given

§ 825. An employee who has any business to transact Preference on his own account, similar to that entrusted to him by to employ

ers.

Delegation of employment.

Responsibility for negligence.

Surviving employer.

Confidential employment.

his employer, must always give the latter the preference. If entrusted with similar affairs by different employers, he must give them preference according to the order in which they were committed to him.

§ 826. An employee who is expressly authorized to employ a substitute, is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal.

Story on Agency, § 217 a. But query?

§ 827. An employee who is guilty of a culpable degree of negligence, is liable to his employer for the damage caused thereby to the latter, and the employer is liable to him, if the service is not gratuitous, for the value of such services only as are properly rendered.

§ 828. Where the service is to be rendered by two or more jointly and one of them dies, the survivor must act alone, if the service to be rendered be such as he can as well perform without the aid of the deceased person, but not otherwise.

See Story on Bailm., § 202.

§ 829. The obligations peculiar to confidential employments are defined in the chapter on TRUSTS.

Employ

ment, how

ARTICLE IV.

TERMINATION OF EMPLOYMENT.

SECTION 830, 831, 832. Employment, how terminated.
833. Continuance of service in certain cases.

830. An employment having no specified term may be terminated. terminated at the will of either party on notice to the other.

Id.

Story Ag., SS 462, 476, 477.

8831. Every employment is terminated,
1. By the expiration of its appointed term;

2. By the extinction of its subject;
3. By the death of the employee;

4. By his legal incapacity to act as such.

ment, how

§832. Every employment, in which the power of the Employemployee is not coupled with an interest in its subject, is terminated. terminated by notice to him' of

1. The death of the employer, or

2. His legal incapacity to contract.

This section alters the common law by continuing the
power until the agent has notice of the principal's
change of condition. Such a doctrine is maintained by
Story (Agency, § 495), and is obviously just.

§ 833. The employee must however continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect, from serious injury, the inte rests of the employer's successor in interest.

CHAPTER II.

PARTICULAR EMPLOYMENTS.

ARTICLE I. Master and Servant.

II. Agents.

III. Factors.

IV. Shipmasters.

V. Mates and Seamen.

Contingvice in cer

ance of ser

tain cases.

ARTICLE I.

MASTER AND SERVANT.

SECTION 834. Servant, what.

835. Time of service.

836. Servant may forcibly defend master.

837, 838. When may be discharged.

839. Apprentices.

§ 834. A servant is one who is employed to render per- Servant, sonal service to his employer, and who in such service what. remains entirely under the control and direction of the latter, who is called his master.

vice.

835. In the absence of any agreement upon the sub- Time of ser ject, the entire time of a domestic servant belongs to the master; and the time of other servants to such extent as is usual in the business in which they serve, not exceeding in any case ten hours in any one day.

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