Beale v. Yazoo Yarn Mill

Citations

• 125 Miss. 807
• 88 So. 411

Syllabus

<p>1. Master and servant. “Willfoilly entice away or knowingly employ” servant'implies actvlal knowledge.</p> <p>In an action brought by an employer against a third person for willfully interfering with, enticing, or knowingly employing a servant (who had entered into a contract for a given period), without obtaining the consent of the employer, it was error to charge the jury that it would find for the plaintiff if the defendant at the time of the hiring “knew or ought to have known that said contract had not expired.” The words of the statute “shall willfully interfere with, entice away, or knowingly employ” mean that the party hiring must have ‘known of the contract at the time of the hiring, and not that he might have known by diligent or reasonable inquiry. The knowledge must exist at the time of the hiring.</p> <p>2. Master and servant. Instruction on knowledge of prior hiring held incorrect.</p> <p>In such case it is reversible error to instruct the jury that if they believe from the evidence that the defendant had notice of ■ any fact or circumstance sufficient to put an ordinarily prudent person upon inquiry, and that such inquiry would have developed the fact that the laborer’s contract had not expired, and after such fact or circumstance came to defendant’s notice he hired the tenant while the contract was in effect, to find for plaintiff. The knowledge of the first contract must exist at the time of the hiring, and mere circumstances which in themselves are insufficient to impute knowledge, but which must be coupled with other facts which would or might be disclosed by inquiry, do not supply the requisite proof.</p> <p>3.. Master and servant. Instruction on ratification of breach of contract of hiring by continuing in service held incorrect. ~</p> <p>In an action by an employer against another for hiring a serv-. ant befobe his contract of service expired, where the evidence for the defendant showed a breach of the contract by the employer prior to the h