Sidebilder
PDF
ePub

!

MASTER AND SERVANT.

I. CIVIL ACTION, 2.

1. By Master, 2.

a. Against Servant for Refusal to Serve, 2.
(1) In General, 2.

(2) Part of Term, 3.

b. Against Third Person, 3.

(1) For Causing Servant to Leave by Threats, 3.
(2) For Enticing or Harboring Servant, 4.
(3) For Personal Injuries to Servant, 5.

2. By Servant, 6.

a. Against Master, 6.

(1) For Failure to Employ, 6.
(2) For Personal Injuries, 7.

(a) Notice to Employer, 7.

(b) Complaint, Declaration or Petition, 7.
aa. In General, 8.

bb. From Defective Appliances, 29.
(aa) Brake-staff, 30.

(bb) Bumpers and Drawbar, 32.
(cc) Circular Saw, 35.

(dd) Freight Car, 38.

(ee) Hand-car, 40.

(ff) Locomotive Engine, 43.

(gg) Maul, 44.

(hh) Platform, 45.

(ii) Switch Target, 46.

Telegraph Pole, 48.

(kk) Unguarded Machinery, 49.

(c) Answer or Plea, 49.

aa. Contributory Negligence, 50.

bb. Negligence of Fellow Servant, 51.

cc. Release, 52.

(3) For Wages, 53.

(4) For Wrongful Discharge, 53.

b. Against Third Person for Causing Plaintiff's Discharge,

59.

II. CRIMINAL PROSECUTION, 59.

1. Of Master, 59.

a. Coercing Employee, 59.

(1) Not to Join Labor Union, 59.
(2) To Employ Certain Physician, 60.
(3) To Trade at Particular Place, 60.
b. Deception in Procuring Employees, 60.

12 E. of F. P. — I.

1

Volume 12.

For Forms in Proceedings connected with Apprentices, see the title
APPRENTICES, vol. 2, p. 1.

For Form of Declaration Against a Carrier for Injury to Plaintiff's
Servant, see the title CARRIERS, vol. 4, Form No. 5137.

For Forms in Actions Against Master for Personal Injuries Caused by

Explosion, see the title EXPLOSIONS AND EXPLOSIVES,

(1) IN GENERAL.

Form No. 13568.1

c. Employing Overtime, 61.

d. Failure to Pay, 61.

(1) In General, 61.

38

(2) Withholding Part, 62.

(a) To Pay "Company Doctor," 62.
(b) To Support Reading-room, 62.

e. Failure to Provide Seats for Females, 62.

2. Of Third Person, 63.

a. Enticing Servant, 63.

b. Intimidating Servant, 64.

CROSS-REFERENCES.

For Forms in Proceedings connected with Apprentices, see the title APPRENTICES, vol. 2, p. 1.

For Form of Declaration Against a Carrier for Injury to Plaintiff's Servant, see the title CARRIERS, vol. 4, Form No. 5137.

For Forms in Actions Against Master for Personal Injuries Caused by Explosion, see the title EXPLOSIONS AND EXPLOSIVES,

vol. 8, p. 414.

For Forms in Actions Against Master for Death, see the title DEATH BY WRONGFUL ACT, vol. 6, p. 1.

For Forms relating to Blacklisting of Employees, see the title BLACKLISTING EMPLOYEES, vol. 3, p. 518.

For Forms in Prosecutions for Conspiracy Concerning Employment of Labor, see the title CONSPIRACY, vol. 5, p. 138.

For Forms in Prosecutions for the Illegal Employment of Children, see the title CRUELTY TO CHILDREN, vol. 5, p. 1009.

For Form of Indictment for Interfering with Elector by Threatening to Discharge from Employment, see the title ELECTIONS, vol. 7, Form No. 8231.

See also the GENERAL INDEX to this work.

I. CIVIL ACTION.

1. By Master.

a. Against Servant for Refusal to Serve.

(1) IN GENERAL.

Form No. 13568.1

(Title of court and cause as in Form No. 5926.)

The plaintiff complains, and alleges:

I. That on the first day of July, 1899, at the village of Northport, in said county, the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at an annual compensation of one thousand dollars, and that the defendant should serve the plaintiff as a bookkeeper for the term of one year.

1. This form is set out in the report of the New York Code Commissioners, of March 30, 1861.

II. That the plaintiff has always been ready and willing to perform his part of the said agreement.

III. That the defendant refuses to serve the plaintiff as aforesaid. Wherefore the said plaintiff demands (concluding as in Form No. 5926).

(2) PART OF TERM.

Form No. 13569.

(Conn. Prac. Act, p. 121, No. 197.)1

(Commencing as in Form No. 5912.)

1. On July 1st, 1878, the plaintiff and defendant mutually agreed that the plaintiff, who was then a carriage manufacturer, should employ the defendant as a foreman in his carriage factory, at an annual compensation of $1,200, payable monthly, in equal payments, and that the defendant should serve the plaintiff as such for one year.

2. The plaintiff has always been ready and willing to perform his part of said agreement.

3. The defendant entered upon the service of the plaintiff on said day, but afterwards, on January 2d, 1879, refused and has ever since refused to continue to serve the plaintiff as aforesaid.

The plaintiff claims $500 damages. (Concluding as in Form No. 5912.)

b. Against Third Person.

(1) FOR CAUSING SERVANT TO LEAVE BY THreats.

Form No. 13570.

(Precedent in Crane v. Patton, 57 Ark. 340.)9

[(Title of court and cause as in Form No. 5909.)]3

The plaintiff alleges that on the 15th day of February, 1889, he entered into a contract in writing with one Mary B. Paddock for the use and possession of a certain tract of land lying southwest and near the city of Siloam Springs in Benton county and in the State of Arkansas, from said day until the 1st day of January, 1890. That in pursuance of said contract, and for a valuable consideration, the said Mary B. Paddock, who was then lawfully siesed, and in the peaceable possession of said lands, placed this plaintiff in the possession thereof. That it was understood and expressly agreed by and between plaintiff and the said Mary B. Paddock, at the time they entered into said contract, that the plaintiff, in consideration of the use and possession of said premises for the term aforesaid, and for certain other valuable rights and privileges, in said contract mentioned, was to pay the taxes assessed against said lands for the year 1888, and to

1. Precedent. A declaration at common law for the same cause of action is set out in 2 Wentw. Pl. 505.

2. In this case judgment for plaintiff was affirmed.

3. The matter to be supplied within [] will not be found in the reported case,

« ForrigeFortsett »