Priest v. F. W. Woolworth Five & Ten Cent Store

Tbis is an action to recover damages for alleged injuries charged to have been the result of an assault upon plaintiff by the assistant manager of defendant in its store located in Poplar Bluff, Missouri. On trial to a jury plaintiff recovered a judgment in the sum of $3000 actual damages and defendant has appealed.

One of the errors assigned is that the trial court refused an instruction in the nature of a demurrer to the evidence offered at the close of the whole ease. Looking to the evidence we find the facts most favorable to plaintiff to be substantially as follows: At the time of the…