Rice v. Breheny

7 Del. 74

• Court: Superior Court of Delaware
• Decided: July 5, 1859
• Status: Published

Opinion

The Court,

Gilpin, Ch. J.,

charged the jury: That if the defendant had notice of the illness of his apprentice at the house of his brother, the plaintiff, and took no steps to háve him removed to his own, or he was too unwell to be removed, and the attentions procured for him by the plaintiff were such as were necessary and proper under the circumstances and in the situation in which he was placed at the time, inasmuch as the law imposed an obligation on the master to take proper care of, and to make the necessary provisions for his duly indentured apprentice in sickness as well as in health, it would imply a promise by the defendant to pay the plaintiff for the expenses and trouble incurred by him in the present instance, and the latter would therefore be entitled to recover.