CALDWELL v. FARLEY

Docket No. 20704.

134 Cal.App.2d 84 (1955)

285 P.2d 294

JOSEPH CALDWELL, Respondent, v. EUGENE FARLEY et al., Defendants; HOD CARRIERS AND LABORERS LOCAL 802 (an Unincorporated Association), Appellant.

Court of Appeals of California, Second District, Division Two.

June 24, 1955.


Attorney(s) appearing for the Case

Alexander H. Schullman, Boris Raynes and Abe Mutchnik for Appellant.

Plotkin & Cossman for Respondent.


MOORE, P.J.

The sole question for decision is whether there is sufficient substantial proof to support the finding that the tortious act of a labor union's agent was committed within the scope of his employment. Respondent sued appellant and its job steward Farley for damages on account of Farley's striking respondent with a club on the head without justifiable cause. Judgment was entered on the court's findings. The union appeals.

On May 14, 1952, one Eugene...

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