James C. Wemyss v. Wyoming Valley Paper

Underlying much of the defendants argument is the thought, not clearly expressed, that the relationship between the defendant and the plaintiff was not that of master and servant, and that the rules of law governing the latter relationship were, therefore, inapplicable. This theory is untenable. "The word servant, in our legal nomenclature, has a broad significance, and embraces all persons of whatever rank or position, who are in the employ, and subject to the direction or control of another in any department of labor or business. Indeed it may, in most cases, be said to be synonymous with employee." Wood, M. & S., s. 1; 1 Labatt, M. & S., ss. 2, 6; 39 C. J. Tit, M. & S., s. 1, and cases cited. The plaintiff was undoubtedly an employee of the defendant, and although many of his duties were managerial in their nature he was, according to the uncontroverted evidence, completely subject to the direction and control of his father, the general manager. We, therefore, think it is plain that he was entitled to the rights and subject to the disabilities of a servant. Accordingly it must be held that the trial court was correct in its instruction to the jury that plaintiffs title or relative rank in the employment was not decisive of his rights.