Chase v. Knabel

Citations

• 46 Wash. 484
• 90 P. 642
• 1907 Wash. LEXIS 648

Syllabus

<p>Constitutional Law — Deprivation oe Civil Rights — Actions'— Evidence — Sufficiency. In an action by a negro, ejected from a restaurant, the evidence does not sustain a cause of action for refusal of equality of civil rights, where the plaintiff in his testimony did not claim that the ejection was in any way due to his color and had theretofore always been properly served there (Fullerton, J., dissenting).</p> <p>Master and Servant — Injury to Third Persons — Scope of Employment-Innkeepers — Patrons—Protection and Ejection. Waiters, in ejecting a negro from a restaurant for an alleged insult to a lady patron, are acting within the scope of their employment if the same was done for the purpose of according protection to such patron, and the owner of the restaurant is liable for damages occasioned by unnecessary force and violence; but if the waiters were actuated by jealousy, hatred, or ill-feeling independent of their duty toward the lady patron, they acted outside of their employment, and their master was not liable for their acts.</p>