Jebeles-Colias Conf. Co. v. Booze
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by Jim Booze against the Jebeles & Colias Confectionery Company, for damages for assault and battery. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by Jim Booze against the Jebeles & Colias Confectionery Company, for damages for assault and battery. Judgment for plaintiff, and defendant appeals. The appellant-corporation conducts a bakery and candy business, and in their place of business on or about the 5th of October, 1910, plaintiff was struck with a piece of scantling; some of the testimony tending to' show that the blow was struck by Colias, and the other testimony tending to show that the blow was struck by Darious, who was in the employ of the corporation…
1Opinion of the CourtSayre, J.
There was ample evidence to warrant the jury in finding that plaintiff (appellee) had been in the employment of the defendant corporation, and had discharged his duties under the personal direction and control of Colias; that on the occasion in question Colias had discharged plaintiff on account of some difference which had arisen between them about plaintiff’s man*460ner of doing his work, and then, while plaintiff was in the act of leaving, bnt was still in defendant’s place of business, had committed an aggravated assault upon him. There was nothing in the testimony to indicate that the…
2Cases cited5 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Gassenheimer v. Western RailwaySupreme Court of Alabama · 1912
- Case v. HulsebushSupreme Court of Alabama · 1898
- Warren v. GabrielSupreme Court of Alabama · 1874
3Cited by32 opinions
- United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
- Fortenberry v. StateCourt of Criminal Appeals of Alabama · 1988
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
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