Kornec v. Mike Horse Mining & Milling Co.

This is an action to recover damages for injuries sustained as a result of an alleged assault and battery. Plaintiff and respondent, Sam Kornec, alleged that on March 30, 1943, while he was in and upon his own mining claims and near the bound ary line between his property and that of defendant Mike Horse Mining and Milling Company, the defendant Lee Marty, a servant, agent and employee of the Mike Horse Mining and Milling Company, “acting in the course of his employment” and without cause or provocation, committed an assault and battery upon plaintiff. The jury found in favor of the plaintiff…