Zick v. Smith

The opinion of the court was delivered by

KatzeNBACH, J.

This is’ an appeal from a judgment obtained in an action instituted by the plaintiff-respondent against the defendant-appellant to recover damages for an' atrocious; assault and battery committed by the defendant. The plaintiff was a night watchman for the Erie railroad. He quit work at six A. M. on October 31st, 1917, and went to the office to receive Ms pay. Upon receiving his pay check lie noticed’ that it was for $3.60 less than he believed was due him. He waited for his foreman, and upon the arrival of the foreman was told by him…