Tomlinson v. Gibson

J. B. Gibson, hereinafter called plaintiff, brought suit against Clifford J. Tomlinson, J ess Cocklin and Virgil Cocklin, hereinafter called defendants, to recover damages for an alleged assault and battery. The actual assault was claimed to have been committed by the Cocklins, and it was sought to hold Tomlinson liable therefor, on the theory that he was the employer of the Cocklins at the time of the assault, and that they were acting in the due course of their employment in making it.

The case was tried to a jury which returned a verdict against the defendants, and each of them, and from…