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age.— See 52 L. 106. c . i a p 21- 4 A C. 1083.

Same— Liability for loss.— See 1 A. C. 21. 4 a. ^-

lame-Same-For loss by ^-^^-^ - f- ^^ ^^ ^6
<aamP_Same— For theft of servant.— See 1 A. c. ao.
SmeJame-Presumptions of negligence from.-See 1 A.

1047



§ 1955 CIVIL CODE. [Div.III,Pt.IV.

Same — Liability for misuser. — See 12 A. D. 619.

Same — Liability of for conversion. — See 3 A. C. 468.

Same — Liability of for wrongful appropriation by his servant
of thing bailed. — See 29 L. 92.

Same — Liability to third person. — See 92 A. S. 547.

Same — Of bicycle, liability of. — See 47 L. 305.

Same— Of horse, liability of.— See 12 L. 397; 26 L. 366.

Same — Unauthorized use of chattel by as conversion. — See 3
A. C. 470.

Bailee ior hire, liability of. — See 12 L. 397.

Same — Although no direct hire is paid. — See 1 A. C. 21.

Bailment — Disting-uished from sale. — See 10 L. 233; 3 Encyc.
L. 734.

Same — For hire although no direct hire is paid. — See 1 A. C.
21; also 12 L. 397.

Same — What is. — See 1 Obiter Dig. 199; 1 W. & P. 673.

Same — With provision for sale. — See 3 Encyc. L. 739.

Bailor, duty and liability of. — See 12 L. 397; 19 L. 283; 46
L. 104. .

Bath-house keeper, liability of for loss of guest's valuables. —
See 6 L. N. S. 828.

Burglary, liability of bailee for loss by. — See 4 A. C. 1085.

Carrier as bailee, liability of. — See 6 L. 853.

Conditional sale distinguished from bailment. — See 1 Obiter
Dig. 674.

Consignment for sale. — See 1 Obiter Dig. 675.

Conversion — By bailee — Necessity of demand. — See 1 L. 318.

Same — Liability of bailee for. — See 3 A. C. 468.

Same — Of coin, payment for in coin. — See 29 L. 522.

Same — Unauthorized use of chattel by bailee as a. — See 3 A.
C. 470.

Criminal responsibility of child for larceny while bailee. — See
36 L. 202.

Degree of care required of bailee. — See 1 Obiter Dig. 199.

Deposit of grain in warehouse as bailment or sale. — See 10
A. C. 1074.

Difference between bailment and a sale. — See 10 A. D. 409;
2 A. S. 711; 94 A. S. 216.

Duties, rights and liabilities of parties to bailment. — See 3
Encyc. L. 742-763.

Duty and liability of bailee, as to, generally, see 1 L. 319;
6 L. 853; 7 L. 529; 8 L. 98; 10 L. 481; 12 L. 397; 26 L. 366; 29
L. 92; 36 L. 139; 47 L. 305; 57 L. 690.

Duty of bailor to inform bailee as to character of horse. —
See 12 L. 397.

Duty of bailee — As to return property. — See 1 Obiter Dig. 200.

Same — Absolute liability under contract. — See 1 Obiter Dig.
200.

1048



I

i Tit.V,ch.III.] LEASE— EXPENSES. § 1956

Same — Delivery to true owner good defense. — See 1 Obiter
Dig. 200.

Same — Delivery under legal process. — See 1 Obiter Dig. 200.

Same — Loss without fault. — See 1 Obiter Dig. 200.

Gratuitous bailees — Liability of. — See 38 A. S. 779; 10 L. 481.

Same — Liability of for nonfeasance. — See 23 A. D. 322.

Horse, implied warranty of. — See 19 L. 283.

Implied warranty of horse or vehicle. — See 19 L. 283; 12 L.
N. S. 632.

Infant bailee, liability for negligence or wilful injury. — See
57 L. 680.

Inn-keeper as bailee, liability of. — See 8 L. 98.

Interpleader between bailor and bailee. — See 10 L. N. S. 756.

Liability of hirer of personal property to third person. — See
92 A. S. 547.

Kinds of bailments. — See 3 Encyc. L. 741.

Lender of chattel, responsibility of for injuries to the bor^
rower or a third person due to its unsafe condition. — See 12
L. N. S. 632.

Liability of livery-stable keeper for loss of property of
patron. — See 3 L. N. S. 348.

Livery-stable keeper, liability for loss of property of patron.
—See 3 L. N. S. 348.

Person in charge of a vehicle under a contract purporting
to be a bailment or a lease, as a servant of tlie owner as to
third persons injured by the vehicle.— See 6 L. N. S. 544.

Presumption of negligence from loss of goods in possession
of bailee. — See 1 A. C. 23.

Reservation of title as against creditors in bailment for sale.
—See 22 L. 850.

Sales, power of bailees to make. — See 66 A. D. 758.

Statute of limitations begins to run in favor of bailee when. —
See 1 L. 319.

Store keeper, liability of for property stolen from customer. —
See 10 L. N. S. 314.

Termination of bailment. — See 3 Encyc. L. 764.

Theft by servant, liability of bailee for. — See 1 A. C. 96: 29
L. 92.

Unauthorized use of chattel by bailee as conv^ersion. — See 3
A. C. 470.

Vehicle, implied warranty of. — See 19 L. 283.

Warehouseman as bailee, liability of. — See 6 L. 857; 7 L. 529.



§ 1956. OKDINAKY EXPENSES. A hirer of personal prop-
erty must bear all such expenses concerning it as might nat-



1049



§§ 1957-1959 CIVIL CODE. [Div.III,Pt.IV.

urally be foreseen to attend it during its use by him. All
other expenses must be borne by the letter.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
As to bailments generally, see note § 1955, ante.

§19?i7. EXTRAORDINARY EXPENSES. If a letter fails
to fulfil his obligations, as prescribed by section nineteen
hundred and fifty-five, the hirer, after giving him notice to
do so, if such notice can conveniently be given, may expend
any reasonable amount necessary to make good the letter's
default, and may recover such amount from him.

History: Enacted March 21, 1872.

106 C. 673, 680 (erroneously cited for §2957), 39 P. 1071, 1073
(correct citation).

As to bailments generally, see note § 1955, ante.

For Commissioners' comment on this section, see Kerr's Cyc.
C. C. § 1957, note.

§ 1958. RETURN OF THING HIRED. At the expiration of
the term for which personal property is hired, the hirer must
return it to the letter at the place contemplated by the parties
at the time of hiring; or, if no particular place was so
contemplated by them, at the place at which it was at that
time.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 13 pars, annotation.

As to bailments generally, see note § 1955, ante.

Estoppel of hirer to deny letter's title. — See Kerr's Cyc. C.
C. § 1948 and note par. 34.

Express promise to pay for thing if lost. — See Kerr's Cyc.
C. C. § 1928 and note par. 9.

"Term" defined.— See Kerr's Cyc. C. C. § 1925 and note par. 61.

Unlawful detainer of real property. — See Kerr's Cyc. C. C.
P. § 1161 and note.

§ 1959. CHARTER PARTY, WHAT. The contract by which
a ship is let is termed a charter party. By it the owner may
either let the capacity or burden of the ship, continuing the

1050



Tit.V.ch.IIL]



CHARTER PARTY.



§1959



employment of the owner's master, crew, and equipments,
or may surrender the entire ship to the charterer, who then,
provides them himself. The master or a part owner may
be a charterer.

History: Enacted iviarch 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
As to carrier's lien for freightage, see Kerr's Cyc. C. C. § 2144
and note.

CHARTER PARTY.

Construction — As to, generally, see 5 A. C. 620; 8 A. C. 491.

Same — Covenants as conditions precedent. — See 1 Obiter Dig.
314.

Same — Intent of parties and usage of trade. — See 1 Obiter
Dig. 314.

Same — Liberal and according to intent of parties. — See 1-
Obiter Dig. 314.

Same — To preserve lien. — See 1 Obiter Dig. 314.

Definition of.— See 8 L. ed. 352; 15 L. ed. 554; 16 L. ed. 249;
1 Obiter Dig. 313; 2 W. & P. 1090.

Demise of vessel by charter party. — See 5 A. C. 623.

Distinguished from demise or affreightment. — See 8 A. C.
491; 1 Obiter. Dig. 313; 2 W. & P. 1091.

Exemption from liability. — See 1 Obiter Dig. 315.

Liabilities under. — See 1 Obiter Dig. 314.

Loss of profits as element of damage for breach of. — See 53
L. 105.

Party's contract with reference to loss of their country. —
See 1 Obiter Dig. 315.

Payment of freight. — See 1 Obiter Dig. 315.

Right to rescind or to abandon. — See 30 L. 37.

Seaworthiness of vessels, liability for. — See 1 Obiter Dig. 314.

Subsequent solvency or insolvency of parties. — See 1 Obiter
Dig. 314.



1051



§196?



CIVIL CODE.



[Div.III.Pt.IV.



TITLE VI.

SERVICE.

Chapter I. Service with Employment, §§ 1965-2003.
II. Particular Employments, §§ 2009-2072.
ill. Service without Employment, §§ 2078, 2079.

CHAPTER I.

SERVICE WITH EMPLOYMENT.

Article I. Definition of Employment, § 1965.

II. Obligations of the Employer, §§ 1969-1971.

III. Obligations of the Employee, §§ 1975-1992.

IV. Termination of Employment, §§ 1996-2003.

ARTICLE I.
DEFINITION OF EMPLOYMENT.

§ 1965. Employment, what.

§ 1965. EMPLOYMENT, WHAT. The contract of employ-
ment is a contract by which one, who is called the employer,
engages another, who is called the employee, to do some-
thing for the benefit of the employer, or of a third person.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 412, held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 7 pars, annotation.

55 C. 273, 274 (applied — what agreement is contract of employ-
ment); 80 C. 553, 558, 22 P. 339 (what is contract for labor to
be performed, and to be paid for by share of profits realized
from such labor).

As to constitutionality of statutes interfering with the right
to contract with each other, see 62 A. S. 176; Hen. G. L. note
pp. 417-419.

As to partnership as disting-uished from employment, see
Kerr's Cyc. C. .C. § 2395 and note.

1052



'A



Tit.VI,ch.I,art.II.] EMPLOYER'S DUTIES. §§ 1969, 1970

ARTICLE II.

OBLIGATIONS OF THE EMPLOYER.

§ 1969. When employer must indemnify employee.
§ 1970. When not [bound to indemnify employee].
§ 1971. Employer to indemnify for his own negligence.

§1969. WHEX EMPLOYEE MUST INDEMMFl EM-
PLOYEE. 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.

History: Enacted March 21, 1872.

68 C. 171, 173, 7 P. 447, .8 P. 828, 829 (cited and applied).

As to employer's liability to his employee generally, s'ee
Kerr's Cyc. C. C. § 1970 and note.

As to employer's liability for his own negligence to his
employee, see Kerr's Cyc. C. C. § 1971 and note.

§ 1970. WHEN NOT [BOUND TO INDEMNIFY EM-
PLOYEE.] 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 em-
ployed by the same employer in the same general business,
unless the negligence causing the injury was committed in
the performance of a duty the employer owes by law to
the employee, or unless the employer has neglected to use
ordinary care in the selection of the culpable employee; pro-
vided, nevertheless, that the employer shall be liable for such
injury when the same results from the wrongful act, neglect
or default of any agent or officer of such employer, superior
to the employee injured, or of a person employed by such
employer having the right to control or direct the services

1053



§ 1970 CIVIL CODE. [Div.III,Pt.IV.

of such employee injured, and also when such injury results
from the wrongful act, neglect or default of a co-employee
engaged in another department of labor from that of the
employee injured, or employed upon a machine, railroad
train, switch signal point, locomotive engine, or other appli-
ance than that upon which the employee is injured is em-
ployed, or who is charged with dispatching trains, or trans-
mitting Lelegrapi'ic or telephonic orders upon any railroad,
or in the operation of any mine, factory, machine shop, or
other industrial establishment.

Knowledge by an employee injured of the defective or
unsafe character or condition of any machinery, ways, appli-
ances or structures of such employer shall not be a bar to
recovery for any injury or death caused thereby, unless it
shall also appear that such employee fully understood, com-
prehended and appreciated the dangers incident to the use
of such defective machinery, ways, appliances or structures,
and thereafter consented to use the same, or continued in
the use thereof.

[Right of action for death of employee.] When death,
whether instantaneous or otherwise, results from an injury
to an employee received as aforesaid, the personal repre-
sentative of such employee shall have a right of action there-
for against such employer, and may recover damages in
respect thereof, for and on behalf, and for the benefit of
the widow, children, dependent parents, and dependent
brothers and sisters, in order of precedence as herein stated,
but no more than one action shall be brought for such
recovery.

[Benefits of this section may not he waired.] Any contract
or agreement, express or implied, made by any such employee
to waive the benefits of this section, or any part thereof,
shall be null and void, and this section shall not be construed
to deprive any such employee or his personal representative,
of any right or remedy to which he is now entitled under
the laws of this state.

[Contributory negligence.] The rules and principles of law

1054



Tit.VI,ch.I,art.II.] not bound, when. § 1970

as to contributory negligence which apply to other cases
shall apply to cases arising under this section, except in so
far as the same are herein modified or changed.

[In effect, when.] Sec. 2. This act shall take effect and
be in force from and after its passage.

History: Enacted March 21, 1872; amended March 20, 1903,
Stats, and Amdts. 1903, p. 256; amended March 6, 1907, Stats.
and Amdts. 1907, p. 119, Kerr's Stats, and Amdts. 1906-7, p. 426.

See Kerr's Cyc. C. C. for 198 pars, annotation.

51 C. 116, 117 (referred to); 51 C. 255, 257 (construed): 53
C. 35, 36 (applied); 57 C. 20, 29 (applied), 31 (construed); 66
C. 302, 304, 5 P. 482 (applied); 68 C. 171, 173 (applied), 175
(construed), 7 P. 447, 8 P. 828, 829; 70 C. 392, 394, 11 P. 740,
741 (construed); 12 P. 512, 513 (quoted — action for wrongful
death); 73 C. 26, 28, 14 P. 378, 379 (construed); 79 C. 97, 99, 21
P. 437, 438, 3 L. 824 (applied); 88 C. 360, 367 (construed), 368
(cited), 371 (construed), 26 P. 175, 176, 177, 178; 92 C. 388, 392,
28 P. 485, 486 (applied); 96 C. 269, 273, 31' P. 170 (applied); 96 C.
494, 498, 28 P. 571, 572, 31 P. 561 (quoted in action to recover
damages for personal injuries caused through alleged negli-
gence); 98 C. 19, 21 (construed), 22 (applied), 26 (applied), 35
A. S. 133, 32 P. 708; 100 C. 554, 564, 567, 35 P. 165 (referred to);
103 C. 258, 264, 37 P. 149 (construed); 108 C. 129, 132, 41 P. 22
(construed); 113 C. 593, 601, 45 P. 1017 (applied); 126 C. 61, 64,
(construed), 65 (referred to), 77 A. S. 149, 58 P. 375; 128 C.
48, 53, 79 A. S. 25, 60 P. 519 (construed); 142 C. 248, 255, 75
P. 839 (applied); 148 C. 35, 37, 82 P. 367 (applied); 148 C. 274,
282, 113 A. S. 243, 83 P. 30, 3 L. N. S. 500 (construed); 148 C.
426, 429, 430, 83 P. 439, 7 A. C. 636 (applied — "student brake-
man" as a fellow-servant); 4 C. A. 460, 465, 88 P. 587 (quoted
and applied); 7 C. A. 375, 378, 94 P. 376, 377 (employer is not
answerable for negligence of fellow-servant).

As to assumption by servant of risk in general, see 1 L. 131;
4 L. 51; 6 L. 75; 13 L. 374.

As to duty of master to servant, see 75 A. S. 591.

As to fellow-servants, who are, and who are not, see 16 A. R.
495; 53 A. R. 45.

As to liability of master for negligence of fellow-servants, see
36 A. D. 279; 1 L. 483; 3 L. 559; 4 L. 793; 18 L. 792.

As to liability of master to servant — General rules, see 3
A. R. 147.

As to liability of master to servant volunteering upon a duty
with which he is not charged, see 85 A. S. 622.

As to liens for labor and services, see post §§ 3052, 3061, 3065
and notes.

1055



§ 1971 CIVIL CODE. [Div.III.Pt.IV.

As to miners' assumption of risks, see 8 L. 490.

As to right of recovery by employee accepting extrahazardous
duties, see 97 A. S. 884.

As to risks known or ordinarily incident to service, see 4 L.
51; 47 L. 161-201.

As to who are fellow-servants, see 3 L. 559; 4 L. 793; 5 L.
735; 7 L. 500; 18 L. 792, 817; 50 L. 417.

As to who are not fellow-servants, employees of railways, see
53 A. "R 621.

As to who are vice-principals, see 41 A. S. 94; 75 A. S. 584.



§1971. EMPLOYER TO INDEMNIFY FOR HIS OWN
NEGLIGENCE. An employer must in all cases indemnify his
employee for losses caused by the former's want of ordinary

care.

Hisfory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 37 pars, annotation.

67 C. 607, 609, 8 P. 377, 379 (applied); 90 C. 496, 499, 27 P. 371,
372 (applied); 91 C. 48, 58, 27 P. 590, 592 (applied); 108 C. 129,
133, 41 P. 22 (construed); 47 P. 773, 775 (construed); 125 C. 627,
635, 58 P. 200 (applied); 148 C. 35, 37, 82 P. 367 (cited); 4 C. A.
460, 465, 88 P. 587 (quoted and applied).

As to duties of master to instruct and warn his servants as
to perils of employment, see 1 L. 174; 4 L. 850; 44 L. 33.

As to duty of employer to employee to furnish safe appliances,
tools, place to work, and to warn of danger, see Kerr's Cyc. C. C.
§ 1970 and note pars. 18 et seq.

As to duty of master to furnish safe appliances and machinery,
see 92 A. D. 213; 21 A. R. 579; 34 A. R. 621; 54 A. R. 726; 57 A. R.
727.

As to employer's liability to his employee for negligence of
fellow-employees, see Kerr's Cyc. C. C. § 1970 and note.

As to injuries caused by defects in machinery while used for
purpose not contemplated, see 18 L. 124.

As to liability for negligence in general, see Kerr's Cyc. C. C.
§ 1714 and note.

As to liability of master for exposing servant for extraor-
dinary risks, see 7 L. 172.

As to liability of employers, employees, master and servant
to third parties for negligence, see Kerr's Cyc. C. C. § 1714 and
note.

As to liability of master for injuries to servant by defective
machinery, see 77 A. D. 218; 34 A. R. 621; 98 A. S. 289.

As to liability of masters to servants injured by elevators,
see 56 A. S. 806.

1056



Tit.VI,ch.I,art.III.3 CxRATUITOUS EMPLOYEE. § I975

As to liability of master to servant for injuries due to
defective machinery or materials, see 77 A. D. 218; 98 A. S. 289.

As to liability of master to servant for injuries due to failure
to make repairs, see 59 A. R. 75.

As to machinery, tools, and appliances, see 1 L. 520; 4 L. 793;
8 L. 636; 13 L. 374; 48 L. 96.

As to master's liability for injuries received by servant in
performance of duties outside scope of his ordinary contract,
see 48 L. 796.

As to risks assumed by servant, see 52 A. R. 737.

As to M'arnings and instructions to servants and infant
employees, see notes 43 A. R. 269; 1 A. S. 28, 548.

Servant's implied assumption of risks. — See 14 Encyc. L. 856
et seq.



ARTICLE III.

OBLIGATIONS OF THE EMPLOYEE.

§ 1975. Duties of gratuitous employee.

§ 1976. Same. [By special request.]

§ 1977. Same. [Under written power of attorney.]

§ 1978. Duties of emploj'ee for reward.

§ 1979. Duties of employee for his own benefit.

§ 1980. Contracts for ser\^ice limited to two years.

§ 1981. Employee must obey employer.

§ 1982. Employee to conform to usage.

§ 1983. Degree of skill required.

§ 1984. Must use what skill he has.

§ 1985. What belongs to employer.

§ 1986. Duty to account.

§ 1987. Employee not bound to deliver without demand.

§ 1988. Preference to be given to employers.

§ 1989. Responsibility of employee for substitute.

§ 1990. Responsibility for negligence.

§ 1991. Surviving employee.

§ 1992. Confidential employment.

§ 1975. DUTIES OF GRATUITOUS EMPLOYEE. One who,
without consideration, undertakes to do a service for another,
is not bound to perform the same, but if he actually enters
upon its performance, he must use at least slight care and
diligence therein.

HLstopy: Enacted March 21, 1872.
Kerr's C. C— 34 1057



§§ 1976-1979 CIVIL CODE. [Div.III.Pt.IV.

4 C. A. 598, 602, 603, 604, 88 P. 643 (duty and liability of
gratuitous agent — this section, though requiring only slight
care and diligence in ordinary cases, does not dispense with
exercise of good faith).

As to obligations of gratuitous carrier, see post § 2089.

As to salvage, see post § 2079.

As to service without employment, see post § 2078.

§ 19"(>. SAME. [BY SPECIAL REQUEST.] One who, by
his own special request, induces another to intrust him with
the performance of a service, must perform the same fully.
In other cases, one who undertakes a gratuitous service may
relinquish it at any time.

History: Enacted March 21, 1872.

4 C. A. 598, 604, 88 P. 643 (voluntary agent must exercise good
faith).

As to borrower for use, degree of skill required, see ante
§ 1888.

For Commissioners' comment on this section, see Kerr's Cyc.
C. C. § 1976, note.

§ 1977. SAME. [UNDER WRITTEN POWER OF ATTOR-
NEY.] A gratuitous employee, who accepts a written power
of attorney, must act under it so long as it remains in force,
or until he gives notice to his employer that he will not do so.
History: Enacted March 21, 1872.

§ 1978. DUTIES OF EMPLOYEE FOR REWARD. One who,
for a good consideration, agrees to serve another, must per-
form the service, and must use ordinary care and diligence
therein, so long as he is thus employed.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
113 C. 97, 104, 45 P. 177 (applied).

As to degree of skill required in employee, see post § 1983.
As to employee's liability to employer for negligence, see post
§ 1990.

As to skill employee must use, see post § 1984.

§ 1979. DUTIES OF EMPLOYEE FOR HIS OWN BENEFIT.

One who is employed at his own request to do that which

1058



I



Tit.VI,ch.T,art.III.] LIMIT OP CONTRACT. §§ 1980-1982

is more for his own advantage than for that of his employer,
must use great care and diligence therein to protect the
interest of the latter.

History: Enacted March 21, 1872.

§1980. CONTRACTS FOR SERVICE LIMITED TO TWO
YEARS. A contract to render personal service, other than
a contract of apprenticeship, as provided in the chapter on
master and servant, cannot be enforced against the employee
beyond the term of two years from the commencement of
service under it; but if the employee voluntarily continues his
service under it beyond that time, the contract may be
referred to as affording a presumptive measure of the com-
pensation.

History: Enacted Marcli 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 413, held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 3 pars, annotation.

139 C. 78, 81, 84, 70 P. 1017, 1018, 72 P. 717 (construed).

As to apprenticeship, see Kerr's Cyc. C. C. §§ 264 et seq. and
notes.

As to master and servant, see Kerr's Cyc. C. C. §§ 2009 et seq.
and notes.

§ 1981. EMPLOYEE 3IUST OBEY EMPLOYER. An em-
ployee must substantially comply with all the directions of
his employer concerning the service on which he is engaged,
except where such obedience is impossible or unlawful, or
would impose new and unreasonable burdens upon the
employee.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 246.

As to obedience required from factor, see Kerr's Cyc. C. C.
§ 2027 and note.

§ 1982. EMPLOYEE TO CONFORM TO USAGE. An em-
ployee must perform his service in conformity to the usage
of the place of performance, unless otherwise directed by his

1059



§§ 1983-1985 CIVIL CODE. [Div.III.Pt.IV.

employer, or unless it is impracticable, or manifestly injuri-
ous to his employer to do so.

History: Enacted March 21, 1872.
99 C. 363, 371, 33 P. 916, 919 (applied).

§ 1983. DEGREE OF SKILL REQUIRED. An employee is
bound _• exercise a reasonable degree of skill, unless his
employer has notice, before employing him, of his want of
skill.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

107 C. 206, 209, 40 P. 336 (applied).

As to liability of agent or servant to third person for his own
negligence or nonfeasance, see 28 L. 433.

As to liability of agent or servant for torts under orders of
his employer, see 50 L. 644.



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