Atkinson v. Fairview Dairy Farms

Plaintiff, a driver for the Dairy Co-operative Association, brought action against defendant, Fairview Dairy Farms, a corporation, for assault and battery. It is alleged that one Hensley, an employee of defendant, assaulted plaintiff while plaintiff was delivering milk to the defendant corporation. It appears that all parties above mentioned were, at the time of the episode, under the Workmen’s Compensation law. By reason thereof, defendant filed a supplemental pleading invoking a defense under the following provision of §102-1752, O. C. L. A.:

“* * * If the injury to a workman is due to the…