The Lincoln County leader. [volume] (White Oaks, Lincoln County, N.M.) 1882-189?, 1890-03-29
MASTER AND SERVANT.
NolNrs GOVERNING TIE RELATIONS
OF EMPLOYER AND eMPLOve.

1 Contract for services and It's Hes. ,op-i-
bntic,-rcdrc,- frr Observation-Disclosures
aud hazardous Observation-Disclosures
Mad. by >~rvxnts-Noticc ttrquir-d.
Has n pcr.on who is Iircd hy the year anv
,laim on The cmpio, er for care or attention
lurins iilnc~sf'
Ideally. no The iilncs. III the servant
,rcal.s tie contract. AID the employer may
measc other help The enirloyc caunot Gu
orcc my claim 10 the place again after 10
,ovcry the reason tor this is that ibo
Employer cannot Jcup1rlize his h~tsiicss in
rr,>ts by holding n place open for all ihdeii-
lite time lie IL supposed to keep no more
irlp than he ncrls. nnri Is not required Il"
mrn ava "a rood err ant Who has taken tbs
Jlace Of ore y Il" has been obliged Ia give rp
he work on account Of Illness. This rule Is
ao;. however, strictly adhered to, ns employ
,s nre quite i.Scly to niasc places for former
EMPLOYEES. cslecirlly If they have proven
themselves capable aud Trustworthy"
Are an employers iieirs bound to con
,inuc n contract with scrvantSf
'Tucy are not. The contract for service,
and all responsibilities attaching to II. ara
cancelled b. tie death Il either PARTY This
: IN implied condition IA all contracts tor
service"
Has m enn'eycr any redress for Injuries
n his pro. crt, through wiiliulncSs or nc5li
Iciice on the part uf the servantsf
Nome. that Is, noln % any actual benefit
to him There IS a pio,i .uu of Ian tout
provides for certain nets. misdc..icanors or
malicious mischief. tut unless the sc want
LIS Iiapcrt It i. only IL waste oi time t" i'll
vitute legal proceedings. unle,s the orciise
10 opa tIu. .I,,ttp.f. ,u.ttt-tn4nst az tl.
ground Of protection to public interests"
''If n sci want hires for n given time, to do
q certain kind n work and, when tired, il
found in psblc. can the employer he com
yelled to pay wage. or keep the person IN
aid emp oylnent until the time contracted
for cxpirrs''
Certainly not. Inability to perform the
labor agreed upon cancels tho contract. The
servant may not receive any compensation
Tor labor not properly performed. lf, how
ever, after failing III the task :.s'ccd upon,
he is kept ut work that he can 10. lie must 10
paid for the time SO consumed, and ut II rate
adjudged fair for such occupations. For
example: Should you hire n man at 4 given
sum, - n cook. and KEEP HIM employed for
some weeks us eirand boy, you must pay him
the wages agreed upon, but should you t!!en
put him into the cooks place, and find hii.I
unable io do his work properly. lie cannot
demand cooks wages il lie returns vu.un-
iarily to his position us erraul hoy Ills
Failure to cook rs agreed has made II new
contract necessary"
Are employers held responsible for ncci-
dents to scrvcnts from dangerous surround
ings!'
"lf u snrvcnt engages In IN occupation
which ~ hazardous II lie or limb, ana does
not know of his danger, or IS no. warned of
it, the employer is responsible Ii the ser
want is aware of dancer, and continues in tho
service, he docs SO ut his uw:I personal risk
For example: Men who work in y WIDER OF
dynamite mills, and similar places, do 80
with full knowledge Of Their danger, and
tale tho responsibility upnn themselves"
) the servant wIei hu taxes II position
with knowledge Of its dangers, may be said
to contribute to his own injuries Or mis-
f riunesf'
Precisely SO; and, in the Same way, ii
he iS.S too.s or appliances thIt re
knows TO be unsafe, tie exposes himself
to injury and cannot recover damages in
Gaze oi personal harm. lie ma, leave tht
service ii he fears to wor.; under s,icL err
cumstanccs. but should lie remain. Lp alone
i, responsible for rcsultiu: injury"
lis an employer held accountable for the
nets of his servantf"
/ an extent he Ii, while tho servant is
engaged III the direct line of his duty bu: he
il not accountable for damage dome Will.
III" servant is pursuing his own pleasure u
CinNoI.euCc Fer instance: 4 delivery
wagon ran over u child. IL was proven that
In, driver had taken the wagon "a; withou:
orders, to carry some articles for member.
oi irs own family Therefore the owner was
n. ucii for damages, the vehicle not being
engaged in his business Ur u:.,lcr rs t.icis
az l. "cs lcll -. u,:..c sUca circumstance.
the maj wd5 no: his servant
is al employer responsible, for debts con
traced by servants whii' in his employ aud
uct,r : Is his agents"
'urder ordinary circumstances the court
would hold them accountable. If "A servant
Is in the habit Of going to Il stor, to purchas,
articles for tho uSe of the family, and hs:sI IL,
scat the master orders. he i bic fci
such debts until tho tradc,inan is notified &c
thocontrary. Notice OF this sort should AWAY:
10 given, u; otherwise, servants might cha,I,
places and continue to buy articles, having
Them charged tothc late employer until s0n,
circumstance Trough, Oft TIE fact that tit
buJ cr was no longer So employed"
"Eut the servant would Ire hcld account
abb, ! say)oscf'
'Corta.;iy, for n nisdeneanor, and might
be sl'j oct to tlnc or imprisonment, or botn.
-. 9. N n Demorc.t'3 Monthly.