Rich v. Dugan

This is an action for damages for injuries resulting from an altercation between Rich and Dugan on April 21, 1936, brought by Rich against Dugan and his employer, the International Harvester Company. Both the employee and the employer appeal from a judgment of $1,475.

The employer insists that it is not liable because the alleged assault was not within the scope of the employment *64of Dugan. Ordinarily, an employer is liable to a third party for an assault by an employee while acting within the scope of his employment.

The general rule applicable is in 3 C. J. S. 186, sec. 255. It states that the…