Servawt

1. An assistant about the work of a household; a menial; a domestic; a family servant. A person hired for wages to work as the employer may direct. ^ A hireling who makes a part of a man's family, employed for money to assist in the economy of the family or in matters connected with it; a person who. > 2 Story, Eq. § 833. See Steam Stone Cutter Co. v. Sears, 20 Blatch. 29 (1881); Tompkins v. Little Eock, &o. E. Co., 15 F. R. 11 (1 82). ' S&T-, or s Sr-. M. E. sergeant: F. sergant, aerjant: L. aerviens, an officer. » [8 Bl. Com. 444.] * Brown's Law Diet. » 3 Bl. Com. 26-37. •The Sergeants' Case, 37 E. C. L. 333 (1839); ib. 360 (1840). from the nature of the station, must render servile offices within the walls of a house. ' One who is engaged not merely in doing work or services for another, but who is in his service, usually upon or about the premises or property of his employer, subject to his direction and control therein, and liable to be dismissed.^ A " domestic '* servant resides in the house with the master he serves; he is not one whose employment is outside, as, a farm-hand who sleeps and eats outside though -he performs chores within the house." See Family. 3. A person employed to assist another in any vocation, but without the powers of an " agent." 3. An eniploj'ee, in the broadest sense, and inclusive of " agent.'' Co-servants; fellow-servants. Such servants as are employed in the same or a common service and subject to the same general control.^ Master and servant. Describes the relation of employer and employee. The relation which arises out of the contract of hiring; the relation in private life, founded in convenience, whereby a man calls in the assistance of others, when his own skill and labor is not sufficient to answer the cares incumbent upon him.' Servants are menials or domestics, apprentices, laborers; also, stewards, factors, and bailiffs.' The duty of a father to educate and maintain his minor son entitles him to the son's services, and creates the relation of master and servant between them.' The master acquires a property in his servant's labor, and may therefore recover damages for any detaining or beating, whereby he loses the labor.* All servants, except apprentices, become entitled to wages according to agreement or custom. What notice, if any, shall be given of an intention to quit a service depends upon the nature of the service. If a servant leaves before the end of the term agreed upon, without good cause, or is dismissed for just cause, he loses his right to wages for the whole period served." The hirixjg of clerks, if general, is construed to be 1 [Boniface v. Scott, 3 S. & E. '*354 (1817), Gibson, J. See also Lockett v. Pittman, 72 Ga. 817 (18S4). 2 Heygood v. State, 59 Ala. 51 (1877), Manning, J. See also Lang o. Simmons, 64 Wis. 529-30 (1886); 49 Barb. 298; 3 Eobt. 315; 25 Ohi© St. 168, 6 Q. B. D. 530, 673; 9 Hare, 551; 1 M. & K. 660. » Waterhouse v. State, 21 Tex. Ap. 603 (1886). <Gravelle t). Minneapolis, &e. E. Co., 11 F. R. 578 (188:); 69 Ala. 249; 57 Cal. 31; 32 Md. 418. ' 1 Bl. Com. 423. See 22 Popular Science Monthly, 803 (April, 1888). ' « 1 Bl. Com. 425-28. ' Louisville, &o. R. Co. v. Willis, 83 Ky. 60 (1885). ' 3 Bl. Com. 142. for a year at a time; not so, however, as to a commercial traveler, paid by commissions.^ See Service, 1, Constructive. For all acts done by a servant in obedience to the express order of the master, or in execution of the master's business, within the scope of his employment, and for an act in any sense warranted by the express or implied authority conferred upon him, considering the nature of the service required, the instruction given, and the circumstances under which the act is'^done, the master is responsible. For act« not done within these conditions, the servant is responsible. ^ A servant assumes all risks from negligent acts of his fellows and the ordinary risks incident to the employment, but not the risks of the master's negligence. One who contracts with a competent person to do certain work, giving him entire charge, is not responsible for his negligence or that of his subordinates. See further Agent; Contractor; Employee; Laborer; Negligence; Service. 1.