The  agent  may  be  a  sufferer  in  his  own  person
or  property  by  the  business  which  he  undertakes ;
as  where  one  goes  a  journey  for  another,  and
lames  his  horse,  or  is  hurt  himself  by  a  fall  upon
the  road ;  can  the  agent  in  such  a  case  claim  a
compensation  for  the  misfortune?  Unless  the
same  he  provided  for  by  express  stipidation,  the
agent  is  not  entitled  to  any  compensation  from
his  employer  on  that  account :  for  where  the  dan-
ger is  not  foreseen,  there  can  be  no  reason  to  be-
lieve that  the  employer  engaged  to  indemnify  the
agent  against  it:  still  less  where  it  is  foreseen:
for  whoever  knowingly  undertakes  a  dangerous


OFFICES.
57


employment,  in  common  construction,  takes  upon
liiinself  the  dan<,a>r  and  the  consequences ;  as
where  a  fireman  undertakes  for  a  reward  to  rescue
a  l)ox  of  writing  from  the  flames ;  or  a  sailor  to
brintr  otf  a  passenger  from  a  ship  in  a  storm.
CHAPTER  XIII.
Contracts  of  Labour.
PARTNERSHIP.
I  KNOW  nothing  upon  the  subject  of  partnership
tliat  requires  exjllanation,  but  in  what  manner  the
profits  are  to  be  divided,  wliere  one  partner  con-
tributes money,  and  the  other  labour ;  which  is  a
common  case.
Rule.  From  the  stock  of  tlie  partnership  deduct
the  sum  advanced,  and  divide  the  remainder  be-
tween tlie  monied  partner  and  the  labouring
partner,  in  the  proportion  of  the  interest  of  the
money  to  the  wages  of  tlie  labourer,  allowing  such
a  rate  of  interest  as  money  might  be  borrowed  for
upon  the  same  security,  and  such  wages  as  a
journeyman  would  require  for  the  same  labour
and  trust.
