thing for the benefit of the employer or of a third The scope of this chapter is not confined to servants, ARTICLE II. OBLIGATIONS OF THE EMPLOYER. SECTION 1005. When employer must indemnify employee. 1006. When not. 1007. Employer to indemnify for his own negligence. ployer must employee. S1005. An employer must indemnify his em- When employee, except as prescribed in the next section, for indemnify all that he necessarily expends or loses in direct consequence of the discharge of his duties as such,1 or of his obedience to the directions of the employer,2 even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful. 1 Story Agency, § 335 to § 340; Code of La., 2991, 2993; Adamson v. Jarvis, 4 Bing., 66; see Humphrys v. Pratt, S1006. An employer is not bound to indemnify when not. his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business,1 unless he has neglected to use ordinary care in the selection of the culpable employee." 1 Sherman v. Rochester & Syracuse R. R., 17 N. Y., 156; * See same cases, and Ormond v. Holland, El. B. & E., 105. Employer to indem S1007. An employer must in all cases indemnify nify for his his employee for losses caused by his own want of own negli gence. ordinary care. Ryan v. Fowler, 24 N. Y., 410; Roberts v. Smith, 2 H. & Duties of gratuitous employee. Id. ARTICLE III. OBLIGATIONS OF THE EMPLOYEE. SECTION 1008, 1009, 1010. Duties of gratuitous employee. 1012. Duties of employee for his own benefit. 1014. Employee must obey employer. 1015. Employee to conform to usage. 1016. Degree of skill required. 1017. Must use what skill he has. 1018. What belongs to employer. 1019. Duty to account. 1020. Employee not bound to deliver without demand. 1021. Preference to be given to employers. 1022. Responsibility of employee for substitute. 1023. Responsibility for negligence. 1024. Surviving employee. 1025. Confidential employment. S1008. One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he must use at least slight care and diligence therein. Edson v. Watson, 7 Cow., 278; Coggs v. Bernard, 2 Ld. S1009. One who, by his own special request, induces another to intrust him with the performance of a service, must perform the same fully. In other cases one who undertakes a gratuitous service may relinquish it at any time. Story Bailm., § 166. This distinction is recognized by the civil law, but it is not clear that it is admitted by the common law. There is good reason for it, since a volunteer of this kind might seriously mislead one S 1010. A gratuitous employee, who accepts a writ- 18. Code La., 2971. This provision is new to the common $ 1011. One who, for a good consideration, agrees to serve another, must perform the service, and must use ordinary care and diligence therein, so long as he is thus employed. Story on Bailm., §§ 398, 399, 429, 442. Ordinary care S1012. One who is employed at his own request to do that which is more for his own advantage than for that of his employer, must use great care and diligence therein to protect the interest of the latter. S 1013. A contract to render personal service, other than a contract of apprenticeship under sections 140, 143, or 149, cannot be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues his service under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation. This section is new. Duties of for reward. employee Duties of for his own employee benefit. Contracts limited to for service two years. must obey S 1014. An employee must substantially1 comply Employee with all the directions of his employer concerning employer. the service on which he is engaged, even though contrary to the provisions of this Title, except where such obedience is impossible, or unlawful, or would impose new and unreasonable burdens upon the employee, or in case of an emergency which, according to the best information which the employee can with reasonable diligence obtain, the employer did not contemplate, in which he cannot, with reasonable diligence, be consulted, and in which non-compliance is judged by the employee, in good faith, and in the exercise of reasonable discretion, to be absolutely necessary for the protection of the employer's interests. In all such cases, the employee must conform as nearly to the directions of his employer as may be reasonably practicable, and most for the interest of the latter.5 3 4 'Substantial and not literal obedience, is required (Johnson v. N. Y. Central R. R., 31 Barb., 196; Parkhill v. Imlay, 15 Wend., 431). Evans v. Root, N. Y., 186; Blot v. Boiceau, 3 id., 78; Bruce v. Davenport, 36 Barb., 349; Bell v. Palmer, 6 Cow., 128; Wilson v. Wilson, 26 Penn. St., 394; see Johnson v. N. Y. Central R. R., 31 Barb., 196; Ackley v. Kellogg, 8 Cow., 223; Turner v. Mason, 14 M. & W., 112; Amor v. Fearon, 9 Ad. & El., 548. Johnson v. N. Y. Central R. R., 31 Barb., 196; Drnm mond v. Wood, 2 Cai., 310. ♦ Ib.; Story on Agency, §§ 85, 141, 193; Dusar v. Perit, 4 Binn., 361. Johnson v. N. Y. Central R. R., 31 Barb., 196. S 1015. An employee must perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his employer to do so. Story on Agency, § 199; Johnson v. N. Y. Central R. R., 31 Barb., 196; see Horton v. Morgan, 19 N. Y., 170. S1016. An employee is bound to exercise a reasonable degree of skill,' unless his employer has notice, before employing him, of his want of skill.' 1 Harmer v. Cornelius, 5 C. B. (N. S.), 236; Story Bailm., S1017. An employee is always bound to use such Must use skill as he possesses. Wilson v. Brett, 11 M. & W., 113. what skill he has. longs to em S 1018. Everything which an employee acquires what beby virtue of his employment, except the compensa- ployer. tion, if any, which is due to him from his employer, belongs to the latter, whether acquired lawfully or unlawfully,' or during, or after the expiration of,2 the term of his employment. 1 Code La., 2974; see Tenant v. Elliott, 1 Bos. & P., 3; Edmondstone v. Hartshorne, 19 N. Y., 9. count. S1019. An employee must, on demand, render to Duty to ao his employer just accounts of all his transactions in the course of his service, as often as may be reasonable,' and must, without demand, give prompt notice to his employer of everything which he receives for his account.2 not bound to deliver mand. without de $1020. An employee, who receives anything on Employee account of his employer, in any capacity other than that of a mere servant, is not bound to deliver it to him until demanded,' and is not at liberty to send it to him from a distance without demand, in any mode involving greater risk than its retention by the employee himself.3 This seems to the commissioners to be the true princi ple upon which the cases holding a demand to be |