Kline v. Eubanks

Citations

• 109 La. 241
• 33 So. 211
• 1902 La. LEXIS 144

Syllabus

<p>EMPLOYING LABORER OF ANOTHER — CIVIL LIABILITY — CRIMINAL PROSECUTION —MALICE—FRAUD.</p> <p>1. “Under St. No. 50 of 1S92, a prosecution criminally and a conviction is a condition precedent to the civil liability of a person sought to be made liable for employing a laborer previously in the employ of another.” Walworth v. Ballard, 12 La. Ann. 245.</p> <p>2. Plaintiff did not allege in his petition that defendant had been convicted under St. No. 50 of 1892, and therefore he has no right of action under that statute.</p> <p>3.With reference to a civil wrong giving right to a civil action without a preceding conviction, under the doctrine that “every act whatever of a person which causes injury to another obliges the one owing to whom the same has occurred to make it good,” the court held that employing a laborer already employed by another person will not create a liability on the part of the one employing him, unless it is done with some degree of threat, fraud, falsehood, deception, or benefit.</p> <p>The complaint does not give rise to the inference that defendant maliciously caused and procured a breach of the'contract.</p> <p>Malice nor fraud is charged. In the absence of either, the action is not maintainable.</p> <p>(Syllabus by the Court.)</p>