Winston v. Sears, Roebuck & Co.

Plaintiff sues to recover damages for the torts of trespass, assault and invasion of her right of privacy which she allegedly suffered at the hands of defendant’s servants. At the close of plaintiff’s evidence, the trial court concluded that she had failed to establish agency and directed a verdict for defendant. Plaintiff appeals from this directed verdict assigning as error the court’s failure to admit certain interrogatories into evidence as well as the court’s finding that plaintiff had failed to make out a prima facie case.

In her complaint, plaintiff alleged that agents of defendant…