Porter v. South Penn Oil Co.

Fox, Judge:

On October 25, 1938, Price Montgomery, an employee of the South Penn Oil Company, committed what the evi dence discloses to be an unprovoked and vicious assault upon the plaintiff, Cliffie Porter. Porter instituted his action at law in the Circuit Court of Lincoln County against the South Penn Oil Company and Price Montgomery to recover damages resulting from such assault. The case was tried before a jury, and at the completion of the plaintiff’s evidence, the defendant, South Penn Oil Company, moved the court to direct a verdict in its favor. This motion was sustained, a verdict…