Mr. Serjeant Stephen's New Commentaries On the Laws of England : (Partly Founded On Blackstone)

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the property which the master has, by his contract, acquired in the labour of his ser- vant. In this case, beside the remedy of an action of battery or imprisonment, which the servant himself, as an individual, may have against the aggressor, the master also, as a recompense for his immediate loss, may main- tain an action of trespass,] or, at his election, trespass on the case (e) ; [in which he must allege and prove the special damage he has sustained by the beating of his servant, per quod s...ervitium amisit (f) ; and then the jury will make him a proportionable pecuniary satisfac- tion^).] It is in this manner, and in this alone, that by our law a parent is enabled to claim redress for a battery, or other ill usage, inflicted on his child ; or even for the seduction of his daughter ; — viz. as a master, and in an action of trespass (or on the case), per quod servi- (i) See Lumley v. Gye, 2 Ell. & Mee. & W. 515.
Bl. 216; Evans v. Walton, Law (/) 9 Rep. 113; 10 Rep. 130.
Rep. 2 C. P.


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