Healey v. Playland Amusements, Inc.

WESTERFIELD, Judge.

This is a suit by Charles S. Healey for damages in the sum of $4,000 for assault and battery alleged to have been committed upon his person by agents of the defendant, Playland Amusements, Inc. The defendant denied responsibility upon the ground that the plaintiff was the aggressor and upon the further ground that the party who struck plaintiff was not acting within the scope of his employment.

There was judgment below in favor of plaintiff in the sum of $1,000 and defendant has appealed. Plaintiff has answered the appeal and asks that the damages be increased to the amotmt…