Great Atlantic & Pacific Tea Co. v. Lantrip

SAMFORD, Judge.

The action was originally brought against Robert F. Jennings and Great Atlantic & Pacific Tea Company, claiming damages by reason of an assault and battery committed by Jennings on plaintiff at a time when Jennings was in the employ of defendant and while acting within the line and scope of his employment. The complaint was amended by striking out Jennings as a party defendant and by adding counts A, B, and C. The plea of defendant was in short by consent the general issue, with lieve, etc.

It is without dispute that at the time of the alleged assault Jennings was employed by…