Cherillo v. Steinberg

Opinion by

Keller, P. J.,

On mature consideration of the pleadings and the evidence, we are of opinion that the averments in the plaintiff’s statement of claim, supported, as they are, by the evidence in the case, will not permit a recovery in this action, and that judgment non obstante veredicto should have been entered in favor of the defendants.

The action was brought by plaintiff against his former employers to recover the damages sustained by him as a result of a wilful and malicious assault upon him by his ‘boss’, or supervisor,—another of defendant’s employees—, because of plaintiff’s…