Conway v. Kansas City Public Service Co.

Action for damages for assault and battery.

The trial was with a jury. The verdict and judgment were for the plaintiff in the sum of $2200. Defendants have appealed.

The petition upon which the cause was tried stated facts sufficient to charge that defendant, Sparks, on September 9, 1935, was an employee of his codefendant and as such employee had the management and control of the rolling stock of his employer; that on that day he, in the course of his employment, beat, struck and injured plaintiff; that after the defendant, Kansas City Public Service Company, knew of the unlawful assault it…