Davis v. Major Oil Co.

BARKDULL, Chief Judge.

Appellant, plaintiff in the trial court, seeks review of an adverse final summary judgment entered by the trial court in a tort action. The appellant seeks damages for personal injuries sustained as the result of an alleged assault and battery committed by one Robert Demps, an alleged employee of the appellee.

The facts giving rise to the instant case are as follows: On Sunday evening, May 20, 1962, the appellant went to the appellee’s service station for the purpose of using a pay telephone located in a telephone booth on the premises. While she was using the telephone,…