SEC. 3. INTERFERENCE BY ENTICING.-By the common law, a person enticing away any servant into his own service is liable in an action for damages; and several of the Southern States have adopted statutes

employés, refuses to aid in moving the cars of such other corporation, or trains in whole or in part made up of the cars of such other corporation, over the tracks of the corporation employing him; or refuses to aid in loading or discharging such cars, in violation of his duty as such employé, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the state prison or in jail not exceeding one year.

Connecticut (G. S., 1517; 1895, 87):

Every person who shall unlawfully, maliciously, and in violation of his duty or contract, unnecessarily stop, delay, or abandon any locomotive, car, or train of cars, or street railway car, or shall maliciously injure, hinder, or obstruct the use of any locomotive, car, or railroad, or street railway, shall be fined not more than one hundred dollars, or imprisoned not more than six months.

New York (P. C., 673):

A person, who willfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger human life, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misdemeanor.

Wisconsin (4466d):

Any person who shall individually or in association with one or more others, wilfully break, injure or remove any part or parts of any railway car or locomotive, or any other portable vehicle or traction engine, or any part or parts of any stationary engine, machine, implement or machinery, for the purpose of destroying such locomotive, engines, car, vehicle, implement, or machinery, or of preventing the useful operation thereof, or who shall in any other way wilfully or maliciously interfere with or prevent the running or operation of any locomotive, engine or machinery, shall be punished by fine not exceeding one thousand dollars or by imprisonment in the county jail or the state prison not exceeding two years, or by both fine and imprisonment in the discretion of the court.

Texas (1887, 92):

SEC. 1. Any person or persons who shall, by force, threats, or intimidation of any kind whatever, against any railroad engineer or engineers, or any conductor, brakeman, or other officer or employee, employed or engaged in running any passenger train, freight train, or construction, train running upon any railroad in this State, prevent the moving or running of said passenger, freight, or construction train, shall be deemed guilty of an offense, and upon conviction thereof each and every person so offending shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars, and also imprisoned in the county jail for any period of time not less than three months nor more than twelve months.

SEC. 2. Each day said train or trains mentioned in section one of this act are prevented from moving on their road as specified in section one of this act, shall be deemed a separate offense, and shall be punished as prescribed in section one of this act.

In Kentucky:

SEC. 802. It shall be unlawful for any person or persons to prevent, hinder or delay, or to attempt to prevent, hinder or delay, by violence, the transportation of freight or passengers in this State, by any individual, firm, company, corporation or association doing business in this State, or to interfere with, by violence, any person or agency engaged in the conduct of commerce and traffic in this State in such manner as to obstruct or impede the movement and conduct of such commerce or traffic; but nothing herein shall be construed to prevent any person, or class of persons, from quitting their employment at any time they see proper.

SEC. 803. And it shall be unlawful for any person or persons to prevent or hinder, or attempt to prevent or hinder, by coercion, intimidation, or any trespass or violent interference therewith, the free and lawful use of his or its property, by any individual, firm, company, corporation, or association engaged in the business of transporting freight and passengers, and in the conduct of commerce and traffic in this State, or the free and lawful use of said property by any agent or employee of the owner thereof.

SEC. 804. Whoever shall violate the provisions of either of the two preceding sec

making such action a misdemeanor, or imposing single or double damages upon the party offending, whether such party himself employ the

servant so enticed or not.1

tions shall be deemed guilty of a misdemeanor, and, upon conviction by any court of competent jurisdiction, shall be punished for each offense by a fine of not less than twenty-five nor more than two hundred dollars, or by imprisonment in the county jail of the county wherein the offense is committed not less than ten days nor more than six months, or shall be both so fined and imprisoned, in the discretion of the jury.

SE 807. Any person who shall wilfully and maliciously tear up, displace, break or disturb any rail or other fixture attached to the track or switch of any railroad in operation, or break any bridge or viaduct of such road, or who shall place any obstruction on the track or switch of such road, or do any act whereby any engine or car might be upset, arrested or thrown from the track of such road or switch, or anv branch or turn-out, shall be confined in the penitentiary not less than one nor more than five years.

SEC. 808. Any person who shall, by any of the acts mentioned in the next preceding section, cause the life of any person to be put in immediate peril, or cause any locomotive or car to be actually thrown from the track, shall be confined in the penitentiary not less than two nor more than ten years.

And similar statutes, aimed at individual trespasses, exist in New Hampshire (Chap. 266); Rhode Island (279, 29–32); Indiana (2038, 2039); Illinois (38, 186 and 189); Minnesota (6855, 6858-6859); Oregon (1893, p. 85); Nevada (1891, 67); Washington (P. C., 1, 24-25; 1895, 52); North Dakota (7547, 7548); South Dakota (6873, 6874); Idaho (1893, p. 68); Montana (P. C., 1030); South Carolina (1733-1735; Crim. L., 123, 178-182); Mississippi (1265-1280); New Mexico (1897, 15); Kansas (G. S. 2237-2240); Nebraska (6753-6757); Virginia (3725); West Virginia (145, 26, 26a and 31); Arizona (P. C., 915); Arkansas (1858-1859; 6199).

1 Kentucky (§ 1349):

If any person shall willfully entice, persuade, or otherwise influence any person or persons, who have contracted to labor for a fixed period of time, to abandon such contract before such period of service shall have expired without the consent of the employer, shall be fined not exceeding fifty dollars, and be liable to the party injured for such damages as he or they may have sustained.

Arkansas (§ 4792) and Louisiana (1890, 138, 2) :

If anyone shall willfully interfere with, entice away, knowingly employ or induce a laborer or renter who has contracted as herein provided to leave his employer or the place rented before the expiration of his contract, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than twenty nor more than two hundred dollars, and, in addition to such fine, he shall be liable to the employer in double the amount of damages which such employer or landlord may suffer by such abandonment.

South Carolina (Crim. L., § 291):

Any person who shall entice or persuade, by any means whatsoever, any tenants, servant or laborer, under contract with another, duly entered into between the parties before one or more witnesses, whether such contract be verbal or in writing, to violate such contract, or shall employ any laborer knowing such laborer to be under contract with another, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five nor more than one hundred dollars, or be imprisoned in the county jail not less than ten.nor more than thirty days.

Georgia (§ 4500) :

If any person, by himself or agent, shall be guilty of employing the servant, cropper or farm laborer of another, under a written contract, which shall be attested by one or more witnesses, during the term for which he, she or they may be employed, knowing that such servant, cropper or farm laborer was so employed, and that his term of service was not expired; or if any person or persons shall entice, persuade or decoy, or attempt to entice, persuade or decoy any servant, cropper or farm laborer, whether under a written or parol contract, after he, she or they shall have actually entered the service of his or her employer, to leave his employer, either by offering higher wages, or any way whatever, during the term of service, knowing that said servant, cropper or farm laborer was so employed, shall be deemed

ARTICLE G. AS TO THE DUTIES AND LIABILITIES OF THE EMPLOYER TO THE EMPLOYEE.

SEC. 1. GENERAL LIABILITY.—Only the California code, copied also guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed by section 4310 of the Code of this State.

Tennessee (§§ 3438, 3439):

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It shall not be lawful for any person in this State, knowingly, to hire, contract with, decoy or entice away, directly or indirectly, any one, male or female, who is at the time under contract or in the employ of another; and * (any person violating the provisions of the above section shall be liable to the party who originally was entitled to the services of said employé, by virtue of a previous contract, for such damages as he may reasonably sustain by the loss of the labor of said employé; and he shall also be liable for such damages, whether he had knowledge of an existing contract or not, if he fails or refuses to discharge the person so hired, or to pay such damages as the original employer may claim, after he has been notified that the person is under contract or has violated the contract with another person,) which amount shall be ascertained and the collection enforced by action for damages before any justice of the peace of said county where said violation occurs, or the party violating section 3438 may reside.

North Carolina:

SEC. 3119. If any person shall entice, persuade and procure any servant by indenture, or any servant who shall have contracted in writing or orally to serve his employer, to unlawfully leave the service of his master or employer; or, if any person shall knowingly and unlawfully harbor and detain, in his own service and from the service of his master or employer, any servant who shall unlawfully leave the service of such master or employer; then, in either case, such person and servant may be sued, singly or jointly, by the master, and, on recovery, he shall have judgment for the actual double value of the damages assessed.

SEC. 3120. In addition to the remedy given in the preceding section against the person and servant violating the preceding section, such person and servant shall also pay a penalty of one hundred dollars to any person suing for the same, singly or jointly, one-half to his use and the other to the use of the poor of the county where suit is brought, and the offender shall be guilty of a misdemeanor and fined not exceeding one hundred dollars or imprisoned not exceeding six months.

Mississippi (§ 1068):

If any person shall willfully interfere with, entice away, knowingly employ, or induce a laborer or renter who has contracted with another person for a specified time to leave his employer or the leased premises before the expiration of his contract, without the consent of the employer or landlord, he shall, upon conviction, be fined not less than twenty-five dollars nor more than one hundred dollars, and, in addition, shall be liable to the employer or landlord for double the amount of damage which he may have sustained by reason thereof.

Florida (§ 2405) :)

Whoever shall entice or persuade by any means whatsoever any tenant, servant or laborer, under contract with another, whether written or verbal, to violate such contract, or shall employ any servant or laborer, knowing him or her to be under contract as aforesaid, shall be punished by imprisonment not exceeding sixty days, or by fine not exceeding one hundred dollars.

Alabama:

SECTION 3757. Any person, who knowingly interferes with, hires, employs, entices away, or induces to leave the service of another, or attempts to hire, employ, entice away, or induce to leave the service of another, any laborer or servant who has contracted in writing to serve such other person for any given time, not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, employs, entices away, or induces any minor to leave the service of any person to whom such service is lawfully due, without the consent of the party employing, or to whom such service is due, given in writing, or in the presence of some credible person, must, on conviction, be fined not less than fifty, nor more than five hundred dollars, at the discretion of the jury, and in no case less than double the

in the Dakotas and Montana, attempts to define generally the employer's liability.1

SEC. 2. FELLOW-SERVANT DOCTRINE.-The statutes extending the strict provisions of the common law on this subject are numerous and varied. They may be roughly divided into three groups: Those which do away with the fellow-servant doctrine entirely, making the employer liable in all cases of accident, whether caused by fellow-servants or not, unless primarily caused by negligence, or by contributory negligence, of the person injured (Wis. 1893, 220; Minn. 2701; Kans. 1251; Iowa, 1307; Mont. Civ. C. 905; N. Dak. 1899, 129; Mo. 1897, p. 96; N. C. law of Feb. 23, 1897; N. Mex. 1893, 28; Ga. 3036; Fla. May 4, 1891);1 those which attempt to define who are fellow-servants, damages sustained by the party whom such laborer or servant was induced to leave;

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SEC. 3758. When any laborer or servant, having contracted as provided in the preceding section, is afterwards found in the service or employment of another before the termination of such contract, that fact is prima facie evidence that such person is guilty of a violation of that section, if he fail and refuse to forthwith discharge such laborer or servant, after being notified and informed of such former contract or employment.

SEC. 3761. Any person, who employs any immigrant, or otherwise entices him from his employer, in violation of the contract of such immigrant, must, on conviction, be fined in a sum not less than the amount of wages for the unexpired term of the contract, and may be imprisoned in the county jail, or sentenced to hard labor for the county, at the discretion of the jury, for not more than three months.

1Cal. Civ. C., 1969–1971; Mont. Civ. C., 2660–2; N. Dak. Civ. C., 4095–4097; S. Dak. Civ. C., 3752-3754:

An employer must indemnify his employee, except as prescribed in the next section, for all that he 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, unless the employee, at the time of obeying such directions, believed them to be unlawful.

An employer is not bound to indemnify his employee for 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.

An employer must in all cases indemnify his employees for losses caused by the former's want of ordinary care.

1 Wisconsin (1893, 220):

SEC. 1. Every railroad or railway company operating any railroad or railway, the line of which shall be in whole or in part within this State, shall be liable for all damages sustained within this State by any employee of such company, without contributory negligence on his part; first, when such injury is caused by any defect in any locomotive, engine, car, rail, track, machinery or appliance required by said company to be used by its employees in and about the business of such employment, when such defect could have been discovered by such company by reasonable and proper care, tests or inspection, and proof of such defect shall be presumptive evidence of knowledge thereof on the part of such company; second, or while any such employee is so engaged in operating, running, riding upon or switching, passenger or freight or other trains, engines or cars, and while engaged in the performance of his duty as such employee, and which such injury shall have been caused by the carelessness or negligence of any other employee, officer or agent of such company in the discharge of, or for failure to discharge his duties as such.

SEC. 3. No action or cause of action now existing shall be affected by this act. SEC. 4. No contract, receipt, rule or regulation between any employee and a railroad company, shall exempt such corporation from the full liability imposed by this act. Minnesota (§ 2701):

Every railroad corporation owning or operating a railroad in this State shall be liable for all damages sustained by any agent or servant thereof by reason of the negligence of any other agent or servant thereof, without contributory negligence on his part, when sustained within this State, and no contract, rule, or regulation between such corporation and any agent or servant shall impair or diminish such

by setting them off into classes (S. C. Con. 9, 15; Colo. 1893, 77, 1;

liability: Provided, That nothing in this act shall be so construed as to render any railroad company liable for damages sustained by any employee, agent, or servant while engaged in the construction of a new road, or any part thereof, not open to public travel or use.

Kansas (G. S. 1251):

Every railroad company organized or doing business in this State shall be liable for all damages done to any employee of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees to any person sustaining such damage.

Iowa (§ 1307):

Every corporation operating a railway shall be liable for all damages sustained by any person, including employees of such corporation, in consequence of the neglect of agents, or by any mismanagement of the engineers or other employees of the corporation, and in consequence of the wilful wrongs, whether of commission or omission of such agents, engineers, or other employees, when such wrongs are in any manner connected with the use and operation of any railway, on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.

Montana (Civ. C. § 905):

In every case the liability of a corporation to a servant or employee acting under the orders of his superior, shall be the same in cases of injury sustained by default or wrongful act of his superior, or to an employee not appointed or controlled by him as if such servant or employee were a passenger.

North Dakota (1899, 129):

Every railroad corporation owning or operating a railroad in this State shall be liable for all damages sustained by any agent or servant thereof while engaged in switching or in the operation of trains by reason of the negligence of any other agent or servant thereof, without contributory negligence on his part when sustained within this State, and no contract, rule or regulation between such corporation and any agent or servant shall impair or diminish such liability. In actions brought under the provisions of this act, if the jury find for the plaintiff they shall specify in their verdict the name or names of the employee or employees guilty of the negligent act complained of.

Missouri (1897, p. 96) :

SEC. 1. Every railroad corporation owning or operating a railroad in this State shall be liable for all damages sustained by any agent or servant thereof while engaged in the work of operating such railroad by reason of the negligence of any other agent or servant thereof: Provided, That it may be shown in defense that the person injured was guilty of negligence contributing as a proximate cause to produce the injury.

SEC. 2. All persons engaged in the service of any such railroad corporation doing business in this State, who are intrusted by such corporation with the authority of superintendence, control or command of other persons in the employ or service of such corporation, or with the authority to direct any other servant in the performance of any duty of such servant, or with the duty of inspection or other duty owing by the master to the servant, are vice-principals of such corporation, and are not fellow-servants with such employees.

SEC. 3. All persons who are engaged in the common service of such railroad corporation, and who while so engaged, are working together at the same time and place, to a common purpose of same grade, neither of such persons being intrusted by such corporation with any superintendence or control over their fellow employees, are fellow-servants with each other: Provided, That nothing herein contained shall be so construed as to make any agent or servant of such corporation in the service of such corporation a fellow-servant with any other agent or servant of such corporation engaged in any other department or service of such corporation.

SEC. 4. No contract made between any railroad corporation and any of its agents or servants, based upon the contingency of the injury or death of any agent or servant, limiting the liability of such railroad corporation for any damages under the provisions of this act, shall be valid or binding, but all such contracts or agreements shall be null and void.

North Carolina (Feb. 23, 1897):

SEC. 1. Any servant or employee of any railroad company operating in this State,