MASTER. One who has control over an apprentice.
A master stands in relation to his apprentices in loco parentiR, and is bound to fulfil that relation, which the law generally enforces. Ha is also en titled to be obeyed by his apprentices ae if they were his children. Bouvier, Inst. Index. Sea AP.
One who is employed in teaching children: known, generally, as a schoolmaster. As to his powers, see ColutecnoN.
One who has in his employment one or more persons hired by contract to serve him, either as domestic or common laborers.
2. Where the hiring is for a definite term of service, the master is entitled to their labor during the whole term, and may recover damages against any one who entices away or harbors them knowing them to be in his service, 6 Term, 221 ; 8 East, 39 ; Anth. N. Y. 94 ; 13 Johns. N.Y. 322 ; 6 Wend. N.Y. 436 ; 4 Pick. Mass. 425; or who debauches a female servant, 4 Cow. N. Y. 412 ; and if be fore the expiration of the term the servant leaves without just cause he forfeits his wages. 2 Carr. & P. 510 ; 1 Watts & S. Penn. 265 ; 34 Me. 102; 43 id. 463 ; 10 Pick. Mass. 529 ; 12 Mete. Mass. 286 ; 19 Mo. 60 ; 25 Conn. 188 ; 6 N. H. 481. The master may dismiss a servant so hired before the expire, tion of the term, either for immoral conduct, wilful disobedience, or habitual neglect, and the servant will not in such case be entitled to his wages, 4 Carr. & P. 518; 2 Stark. 256; 3 Esp. 235 ; but if the dismissal be without reasonable cause, the servant may recover damages from his master therefor, to such an aniount RS to indemnify for the loss of wages during the time necessarily spent in obtain ing a fresh situation, and for the loss of the excess of any wages contracted for above the usual rate. 2 Hou. L. Cas. 607 ; 13 C. B. 508 ; 20 Eng. L. & Eq. 157.
3. A master may justify an assault in de fence of his servant, and a servant in defence of his master: the master because he has an interest in his servant, not to be deprived of bis service ; the servant because it is a part of his duty, for which he receives his wages, to stand by and defend bis master. 1 Black. stone, Comm. 429 ; Lofft, 215. The master is liable to be sued for the injuries occasioned by the neglect or unskilfulness or the tortious acts of his servants whilst in the course Of his employment, 3 Mass. 364 ; 19 Wend. N.
Y. 345 ; 40 Eng. L. & Eq. 329 ; 4 Du. N. Y. 473 ; 26 Vt. 178 ; 23 N. H. 157 ; although contrary to his express orders, if not done in wilful disregard of those orders, 14 How. 468; 7 Cush. Mass. 385; 10 509; but he is not liable for acts committed out of the course of his employment, 20 Conn. 284 ; 17 Mass. 508; 8 Term, 533 ; 16 Eng. L. & Eq. 448 ; nor for the wilful trespasses of his servants. 1 East, 106 ; 24 Conn. 40 ; 1 Stnith, Ind. 455 ; 2 Mich. 519. A master is not criminally liable for the acts of his servant unless committed by his command or with his assent. 8 Ind. 312 ; 2 Strange, 885.
4. Where a master uses due diligence in the selection of competent and trusty servants, and furnishes them with suitable means to perform the service in which he employs thetn, he is not amenable to one of them ter an injury received by him in consequence of the carelessness of another while both are engaged in the same service, 3 Mees. & W. Exch. 1 ; 4 Mete. MRS& 49 ; 3 Cush. Mass. 270 ; 10 id. 228 ; 5 N. Y. 492 ; 3 Smith, Ind. 134, 153 ; 42 Me. 269 ; 40 Eng. L. & Eq. 376, 491 ; but where such injury results from the master's neglect to provide suitable means to perform the service or to use reasonable care in the selection of his servants, the master will be answerable. 20 Barb. N. Y. 449 ; 26 id. 39 ; 6 Du. N. Y. 225 ; 6 Cal. 209 ; 33 Eng. L. & Eq. 1; 36 id. 486; 37 id. 281. A.11 contracts made by the servant within the scope of his authority, express or implied, bind the master. See PRINCIPAL; AGENT.
The master may give moderate corporal correction to his menial servant while under age; for then he is considered as standing in loco parenlis. 2 Kent, Comm. 261. The master is bound to supply necessaries to an infant servant unable to provide for himself, 2 Campb. 650 ; 1 Leach, Cr. Cas. 137 ; I Blackstone, Comm. 427, n. ; but not to pro vide even a menial servant with medical at tendance and medicines during sickness. 4 Carr. & P. 80 ; 7 Vt. 76.