Manol v. Moskin Bros.

The defendant’s first proposition is that when its employee Cash made the assault upon the plaintiff as found by the jury, he was not as a matter of law acting within the scope of his employment. No useful purpose would be served by setting out the evidence in great detail. Whatever happened on the occasion of Cash’s visit to plaintiff’s home was a continuous affair. The defendant contends that when the plaintiff succeeded in closing the door, that terminated any effort Cash was making for and on behalf of his employer and that he thereafter stepped aside from his employment and acted for his…