De Leon v. Doyhof Fish Products Co.

Citations

• 104 Wash. 337
• 176 P. 355
• 1918 Wash. LEXIS 1190

Syllabus

<p>Master and Servant (122-1 — 129)—Actions — Complaint — Assault by Servant. A complaint for assault upon an employee by the master’s superintendent fairly raises the question whether he was at the time acting within the scope of his employment, where it is alleged that acting as superintendent, with power of supervision over the men, he accosted plaintiff while employed, falsely accused him of inciting a strike, and wantonly and maliciously struck him.</p> <p>Same (172, 174-1) — Assault by Servant — Liability—Scope of Employment. Where a superintendent was placed in charge of a distant cannery with general power to maintain discipline at his own discretion, which he abused in the exercise of his authority, when he lost his temper and committed a malicious assault upon an employee whom he sought to discipline, the master is liable.</p> <p>Damages (79) — Excessive Damages — Passion or Prejudice. A verdict for $1,000 for a malicious assault by a servant does not alone reflect passion or prejudice where plaintiff was painfully injured.</p>