Hundley v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 13 — TORT (Brief withdrawn.) I. The petition does not state a cause of action for wrongful discharge because it is not 'alleged that there was any contract of employment, or that plaintiff ever made any effort to get other employment. 2. The petition is defective in failing to allege any fact showing that plaintiff was injured by the alleged conspiracy. 3. Employers engaged in a public service and owing a duty to the public to employ only faithful and competent servants…
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Case 13 — TORT (Brief withdrawn.) I. The petition does not state a cause of action for wrongful discharge because it is not 'alleged that there was any contract of employment, or that plaintiff ever made any effort to get other employment. 2. The petition is defective in failing to allege any fact showing that plaintiff was injured by the alleged conspiracy. 3. Employers engaged in a public service and owing a duty to the public to employ only faithful and competent servants may combine and refuse to employ any person who has already been tried by some member of the association and found…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
It is averred in the petition as amended that the plaintiff: has no trade or calling except railroading; that for the past five years he has been in the employment of the defendant; that while engaged in the discharge of his duties he was wrongfully, unlawfully, and maliciously discharged by it; that it wrongfully, unlawfully, and maliciously blacklisted him; that he was blacklisted wrongfully, unlawfully, maliciously, and falsely by its placing upon its records a pretended cause of discharge, to wit, neglect of duty, with a view of injuring and…
2Cited by24 opinions
- Carnes v. St. Paul Union Stockyards Co.Supreme Court of Minnesota · 1925
- Harding v. Ohio Casualty InsuranceSupreme Court of Minnesota · 1950
- Bowman v. WohlkeCalifornia Supreme Court · 1913
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Wilson v. Loew's Inc.California Court of Appeal · 1956
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