Oklahoma Ry. Co. v. Sandford

O’NEAL, Justice.

Plaintiff below, W. R. Sandford, recovered a judgment against the Oklahoma Railway Company, a corporation, based upon allegations that A. L. Lambert, a bus driver of the defendant company, committed an assault and battery upon plaintiff during the course of Lambert’s employment with and as the. agent of the defendant Oklahoma Railway Company.

At the close of plaintiff’s evidence, defendant interposed a demurrer upon the ground that plaintiff’s proof did not sustain the allegations of his petition, nor constitute a cause of action for the reason that the proof failed to show…