May v. Tidewater Power Co.

Careful consideration of the allegations in the complaint lead to the conclusion that the demurrer should be sustained.

If we consider this an action in tort for wrongful discharge, which we think it is, the liability must grow out of the violation of some legal duty by the defendant, not arising out of contract, and “the complaint should state facts sufficient to show such legal duty and its violation resulting in injury to plaintiff.” McIntosh P. & P., 394.

“A wrongful discharge from employment becomes the basis of an action in tort when accompanied by a wrongful act which amounts to a…