Caldwell v. Farley

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 Farley was the steward of appellant, an unincorporated association. Respondent was, at the same time and place, a member of the plasterer’s union…