§66 c A 
to live apart from him, without good canfe, this action 
lies againft him. Mich. 19 G. II. C. B. Win [more v. Green- 
bank. ° If an luitband is deprived of the fcciety and affift- 
ance of his wife, in conlequence of a battery or bodily 
hurt done to her, he may have this aftion, laying it with a 
■per quod fervitium amfit ; and, this being the ground, the 
wife need not join in the action. Cro. Jac. 501. 538. Alfo 
in behalf of a father : an action may be maintained by a fa¬ 
ther for debauching his daughter, by which he lofes her 
fervice. It muft appear that (he was at the time resident 
in her father’s houle, and acted as a fervant, though no 
contract of hiring need be proved. Her being above 21 
years of age is no bar. 3 Burr. 187S. 2T.R.166. It has 
been faid, that this fuit fhould be by trefpafs vi ct arm's, 
with a per quod : but it is certainly an aftion on the cafe, 
per Butler Juf. 2 T. R. 167. A father may The a perfon 
for beating his fon, with a per quod fervitium amift, if he 
lived at the time in his father’s family. Cro. EPz. 55. Ffp. 
N. P. Caf. 217. And in behalf of, a majier : if any pet foil 
entices aw ay the fervant or apprentice of another, or keeps 
him after notice, this aftion will lie. 2 Saund. 169. 2 Lev. 
68. This extends to journeymen. Coiup. 54. If a jour¬ 
neyman contracts for a limited time, under a penalty not to 
difeover the fecrets of his matter’s trade, but, having quit¬ 
ted the fervice before the time is expired, is fried, and the 
penalty recovered, this bars an aftion againft the fecond 
matter for hiring him. 3 Burr. 1345. In general, if a fer¬ 
vant is difabled by an injury from another, the matter may 
recover damages for the lols of his fervice. 1 Roll. Abr. 
A performer at the theatre is not Inch a fervant to the ma¬ 
nager. Ffp. N. P. CaJ. 3S6. 
For injuries to perfonal property, this action lies, as in 
the following cafes : A man’s perfonal property may be 
injured by the negleft or mifeonduft of perfons in an offi¬ 
cial fituation, and for which they are amenable. See the 
articles Sheriff, Attorney, Justice of the Peace ; 
alfo Escape, Rescue, &c. 
Injuries done to perfonal property by private perfons, 
may be by adds contrary to the duty of their trade or call- 
ism, by deceit in contrafts, &c. If a fmith refufes to flioe 
my horfe, or pricks him, or delivers him over to another 
fmith, who pricks him, this aftion may be maintained. 
So againft a farrier who kills him by negleft or bad medi¬ 
cines’. Roll. Abr. 10. 91. 92. A carrier is chargeable by 
this aftion for the lofs of, or injury to, goods. See Car¬ 
rier. If an innkeeper refute to entertain a guett, or if 
the goods of his guett are ttolen or loft in his hotife, &c. 
this aftion lies. See Inns and Innkeeper. So againft a 
tailor, if he fpoil a fuit of clothes, and in tome cafes againft 
a carpenter. 1 Danv. 32. 5 T. R. 143. It goods are loft 
by default of a perfon afting by commjfon , he is anfvver- 
able : otherwife, if he had taken reafonable care of them. 
j Stra. 681. This aftion will lie againft a counfel. See 
Roll. Abr. 10. 91. And thofe who let out, and take goods 
upon hire, pawnbrokers, &c. are chargeable in this ac¬ 
tion. l^ee Bailment. 
Injuries by deceit in contrafts may happen under an 
implied or exprefs warranty. It teems, that when a perfon, 
Jiaving the poli'efiion of any perfonal chattel, affirms it to be 
his own, it amounts to a warranty. 1 Salk. 210. 2T.Ii.5q. 
otherwife, in cafe of lands, where the buyer may fee the 
title. Hence where the plaintiff declared, that the defen¬ 
dant, affirming that he bred a certain gelding from a colt, 
and that it was his own, fold him to the plaintiff; whereas 
he was not bred by him, but was the property of another, 
the plaintiff recovered, notwithftanding no exprefs war¬ 
ranty. Style, 311. And the right of atlion accrues before 
the true owner hath feized the property. Cro. Jac. 474. 
Therefore the gift of the aftion is the fale, the feller 
knowing the goods not to be his property. Salk. 210. 
Vv'herean injury is done by cheatingorufingfalfeprctences, 
this aftion lies. Moor, 583. So for cheating with falfe 
cards or dice. Cro. Eliz. 90. But in cafe of contraEls, with 
an implied warranty only, if the feller is out of poffeflion, 
and the goods prove not to have been his, no aftion will 
S E. 
lie ; for in ftich cafe caveat emptor to have an exprefs war¬ 
ranty, ora good title. Ld.Raym.5y5. See 3 7 ’. R. 38. So a 
naked indefinite affirmation will not fupport the aftion. 
Moor. 467. 3 T. R r 57, The taking an exorbitant price 
for a thing of certain value, and that known to the-feller, 
but of which the buyer had no power of informing liim- 
felf, is the ground of an aftion. 1 Salk. 211. Ld.Raym. 
11S. Except in cafe of pictures or fancy things. 1 Sid. 
146. Where one fells with falfe weights or meafures, or, 
having bargained for a fale, is to deliver that which is 
good, but delivers a bad article, aftion on the cafe lies. 
Dyer 75. 4 Rep. 18. Cro. Jac. 270. 
On an exprefs warranty : if a man fells a tun of wine, and 
warrants it to be good ; if it be corrupted, this aftion lies. 
So if a man fells a horfe, and warrants him to be found ; 
if he be not, an aftion on the cafe can be maintained. 11 
H. 6. 18. 1 Roll. Abr. 96. If a fervant fells tiny thing in 
the way of his mafterb bufmefs, and warrants it, if there 
is any deceit, the matter is liable. 1 Stra. 655. The war¬ 
ranty does not extend to vifble defeEls. But in a warranty 
that cloth is of fuch a length, and it proves deficient, this 
aftion will Lie, for that is only to be difeovered by meafur- 
ing. Finch. 189. So when a horfe was warranted found, 
and it appeared afterwards that he was blind, the aftion 
was held good, for though blindnefs is generally a vittble 
defeft, yet in horfes it requires fall to difeern it. Salk. 24, 
Butterfield v. Burroughs. It is laid that there can be no 
warranty of a thing in future, as that a horfe will be found. 
3 Black. Com. 165. But if A. warrants fheep to be found, 
and to continue fo for a year, it is good. See Danv. Abr. 
1S8. 96. Doug. 707. It has been determined, that, if it 
can be proved that a lvorfe was unfound at the time of 
fale, the feller is liable for damages at any time after¬ 
wards, without notice or return. 1 H. Black. Rep. 17. 19. 
But an offer of warranty at one time fliall nor extend to a 
fubfequent fale of the fame thing. 1 Stra. 414. There is 
yet another ground for this action, as where a perfon, 
knowing another to be in bad circumttances, reprefents 
him to a third as a man of credit, whereby the party is 
induced to truft him with goods or property; in fuch cafe 
this aftion lies. 3 T.R. 51. See Assumpsit and De¬ 
ceit. Or, if one malicioufly fue out a commiffion of 
bankruptcy againft another, and the commiffion is after¬ 
wards fuperfed'ed, an aftion lies againft the petitioning 
creditor. 5 Burr. 1418. If an agent or correfpondent does 
not infure a merchant’s fliip, having in/truftion fo to do, 
tliis aftion may be maintained againft him under certain 
circumttances. 2T.ll. 187. But there muft have been 
a breach of orders, grols negligence, or fraud. Cowp. 480. 
Lawful power or authority may be ufed to the injury of 
another’s property, for which this remedy may be brought. 
1 T. R. 538. but fee 1 T. R. 493, where it was held not to 
lie againft a commodore, as being dangerous to the difei- 
pline of the navy. 
Injuries againft eftabliflied perfonal rights are alfo liable 
to this fpecies of aftion : as the refuftng a poll to a can¬ 
didate for any office, or not admitting a man’s vote at the 
eleftion. 3 Lev. 50. Salk. 19. So an aftion lies againftone 
for infringing a patent-, but it becomes the patentee to 
(hew that the invention is new, and that his fpecification is 
complete. 2 Salk. 447. Bull. N.P. 76. 'I bis aftion was 
adjudged to lie againft a leffee for years, for preventing 
the reverlioner from coming on the land to fee if any wafte 
had been committed. Cro.Jac. 478. Alfo at the fuit of 
a pariftnoner, for excluding him from the veftry-room. 1 
Stra. 624. It is no objection to this aftion that another 
will lie for the fame offence. Salk. 20. 
With refpeft to injuries to real property, or chattels 
real: it was formerly holden, that, if a fire broke out acci¬ 
dentally in a man’s houfe, he was liable to this aftion, if it 
burnt his neighbour’s houle or goods: but this is taken 
away by 6 Ann. c. 31. See Fire, Waste, &c. 
If a parifliioner lets out his tithes of hay, and the parfon 
does not carry them away in due time, per quod the grals 
under the hay is impaired, an aftion on the cafe lies 
againft 
