Mahoney v. McNeill
Mahoney v. McNeill
Opinion of the Court
delivered the opinion of the court.
. The appellee recovered in the circuit court of Leflore county double damages of the appellant for knowingly employing her renter, Ben. Willis, during the year 1898, without her consent.
Upon the trial of the case Ben. Willis testified that he left the plaintiff’s place because Mr. McNeill, the husband .of the plaintiff, and the manager of her plantation, refused to permit Sue Echols, a farm hand -employed by him to cultivate the place for the year 1898, to remain on the place; that in consequence of such interference with his labor by McNeill he left the plaintiff’s place, and this testimony of Ben. Willis was undisputed.
The statute, § 1068 of the annotated code, is highly penal, and must be strictly construed; and the plaintiff cannot recover unless she be without fault. Her manager, McNeill, had no right to interfere with the farm hand employed by Willis for cultivating the land rented of plaintiff, and to drive her from his service. To do so was a clear Breach of duty, and disentitled the plaintiff to bring her action for double damages. The ap-qiellant’s motion for a new trial should have been sustained.
The judgment is reversed, the verdict is annulled, and a new triad awarded.
Reference
- Full Case Name
- George R. Mahoney v. Mariah McNeill
- Status
- Published
- Syllabus
- 1. Masteb and Servant. Landlord cmd tenant. Wrongful employment Code 1892, 1 1068. Code 1892, § 1068, subjecting to double damages one who interferes with, entices away, knowingly employs, or induces a laborer or renter to leave his employer or the leased premises, is highly penal, and a plaintiff cannot recover thereunder unless he be himself without fault. 2. Same. A landlord who interfered with a laborer of his tenant, thereby causing the tenant to quit the leased premises, is not entitled to recover of another who thereupon employed the tenant.