Letts v. Hoboken Railroad, Warehouse & Steamship Connecting Co.

*359The opinion of the court was delivered by

Gummere, Ci-iiee Justice.

The declaration contains four counts, each one of which is demurred to. The first count alleges that the defendant employed one Becker as a watchman of its property and to prevent persons from trespassing upon its land, and that Becker, “within the scope of his employment and acting for and in the interest of the defendant, in attempting to remove the plaintiff’s intestate from the defendant’s property, made an assault upon him with a pistol and so wounded him that he died.”

The second count is similar to the first, except that…