Polk Sanitary Milk Co. v. Berry

Appellee recovered a judgment for damages against the appellant Polk Sanitary Milk Company and Raymond Schaeffer.

The complaint, which was in one paragraph, proceeds on the theory that Schaeffer, as agent and employee of the Polk Sanitary Milk Company, and while acting within the scope of his agency and employment, wilfully and maliciously committed an assault and battery upon the person of appellee, resulting in the injuries complained of. To this complaint the appellant Polk Sanitary Milk Company filed an answer in general denial. The cause was submitted for trial to the court and jury,…