Legaux v. Feasor
Supreme Court of Pennsylvania
Cask, for unlawfully enticing and procuring his indented servant Frederick Lewis Jockey, to depart from and leave the service of the plaintiff, his master. Non Cid. and issue. It appeared on the evidence, that Jockey was regularly bound as a servant, to the plaintiff, in September 1785, in consideration of 26I. 6s. 6d. to serve him for 14 years and three months, he being then about six years and a half old.
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Cask, for unlawfully enticing and procuring his indented servant Frederick Lewis Jockey, to depart from and leave the service of the plaintiff, his master. Non Cid. and issue. It appeared on the evidence, that Jockey was regularly bound as a servant, to the plaintiff, in September 1785, in consideration of 26I. 6s. 6d. to serve him for 14 years and three months, he being then about six years and a half old. About four years afterwards, the defendant called at the plaintiff’s house at Spring Mills in Montgomery county, and endeavoured to persuade the lad, in the absence of his master, to leave…
1Opinion of the Court
The court told the jury, that the boundaries of actions must be kept up, otherwise confusion would ensue. This well *587known distinction lias been settled between actions of trespass vi et armis, and on the case: where the injury is the immediate consequence of an unlawful act, trespass lies; but where it is consequential or collateral, case is the proper remedy. If it appeared that the defendant by unequivocal direct force took away the servant, a recovery could not be had in the present form of action; and however the occasion might be regretted, the court could not mould this suit into an…
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