Dick v. Northern Pacific Railway Co.

Citations

• 86 Wash. 211
• 150 P. 8
• 1915 Wash. LEXIS 1195

Syllabus

<p>Master and Servant — Discharge—Damages — “Blacklisting”— Complaint — Sufficiency. A complaint in an action by a discharged employee for damages through the publication and circulation of false and defamatory reasons for his discharge is insufficient to state a cause of action for blacklisting, where it fails to allege that the publication reached any person to whom plaintiff ever applied for employment or did in fact influence any one not to employ him; and the mere averment of a custom among railroads to require permission to refer to former employers of an applicant is insufficient to imply a conspiracy between railroad companies not to employ discharged employees.</p> <p>Same. An allegation in such a complaint that the plaintiff since his discharge has been seeking but has been unable to secure employment, that defendant is continuing to “blacklist” and “boycott” the plaintiff with all other railroad companies, and refused to furnish plaintiff with clearance papers, by reason whereof plaintiff has been compelled to abandon his chosen profession, is insufficient to state a cause of action, in the absence of any specific allegation of any conspiracy or acts constituting any agreement amounting to the blacklisting or boycotting of the plaintiff; such allegations being mere conclusions.</p> <p>Same — Discharge—Duty to Give Character. In the absence of statute, contract, or custom, there is no duty on the part of an employer to furnish a discharged servant with a certificate of character.</p> <p>Same. The violation of the criminal statute against blacklisting, Rem. & Bal. Code, § 6565, gives rise to a civil action for damages.</p> <p>Libel and Slander — Special Damages — Pleading. In an action by a discharged servant for libel, there can be no recovery for loss of employment, failure to secure employment, or other specific loss by reason of the publication, unless alleged as special damages.</p> <p>Libel and Slander — Matter Libelous Per Se — Pleading—Special Damag