Taylor v Neri
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 170 E.R. 393
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
Questioned, Lumley v. Gye, 1853, 2 E. & B. 216.
[386] Monday, July 6th. taylor v. neei. (An action with a per quod servitium awisit wdl not he for the manager of a place of public entertainment against a person for beating one of the performers, who is thereby prevented from performing.) [Questioned, Lumley v. Gye, 1853, 2 E. & B. 216.] This was an action on the case. Plea ol tke general issue. The declaration stated, that the plaintift being the manager of the Opera-house, had eagaged one Breda as a public singer during the season, at a salarv , that the defendant had assaulted and beat the said Breda , per quod the plaintiff lost his Bervica as a public performer. On tie circumstances of this case being opened, Eyre, Chief Justice, expressed a doubt whether the action was maintainable or not. His Lordship said, that he did not think the Court had ever gone further than the case of a menial servant; for that if a daughter had left the service of her father, no action per quod seroitium am%sit would he for debauching her. Adair, Serjt. for the plaintiff, said he had no cases which came up to the present ; but observed, that there seemed no distinction, upon principal, between cases where the service was to be performed daily or casually , that they were both cases N. P. i.-13* 394 BROWN V. BROOKS...
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...servants, but not in others. 11That this was the general opinion of the time appears from the case of ( Taylor v. Neri 1795, 1 Espinasse, nisi prius, page 386), It was sought there to extend the action per quod servitium amisit to the case of a singer hired to sing. Lord Chief Justice Eyre......
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...Taileton and Otheis v M'Gawley, post, 270, Cro. Jac 567, Roll Rep 162 , S. C. 1 Roll Abridg. 107, 108 , 1 Bac. Abr 53. In Tayloi v Nert, 1 Esp. 386, where a person engaged by the manager of a theatre as a public singer had been beaten, and thereby prevented from performing, Eyre C J held, t......