Odger's English Common Law

Chapter XII.
ACTIONS FOR LOSS OF SERVICE, &C.
The common law allowed an action on the case to be
brought by a master or other person entitled to the services
of another against any one, who without just cause induced
that other to quit the master's employment or by wrongful
assault or imprisonment prevented him from performing such
services. This rule was not restricted to cases in which the
parties were strictly master and servant, or in which the
services were due under any contract; it applied wherever
the right to such services was one recognised by law or arose
naturally out of the relationship between the parties. 1
Thus,
a parent has a right of action for personal injury to his child
or a master for the battery of his servant, if he is thereby
deprived of the help and comfort to which he is entitled.
" If a servant is beat, the master shall not have an action for
this battery unless the battery is so great that by reason
thereof he loses the service of his servant; but the servant
himself for every small battery shall have an action ; and
the reason of the difference is, that the master has not any
damage by the personal beating of his servant," but by
reason only of its consequences, viz., the loss of service ; "for
be the battery greater or less, if the master doth not lose the
service of his servant, he shall not have an action." 2 Nor
can the master sue in respect of a bodily hurt done to the
servant causing his immediate death. 3
Hence whenever the relation of master and servant exists,
an action will lie against any one who, knowing of that relation
and without just cause or occasion, induces the servant to
break his contract and leave the plaintiff's employment to the
injury of the plaintiff ; or menaces and threatens the plaintiff's
i See Jackson v. Watson $ Sons, [1909] 2 K. B. 193.
2 Per cur. in Robert Marys'* Case (1612), 9 Rep. at p. 113 a.
3 Osborn v. Gillett (1873), L. R. 8 Ex. 88 ; followed in ClarkW. London General
Omnibus Co., ltd., [1896] 2 K. B. 648.
B.C.L.
36