Suckney v. Bert P. Williams, Inc.

In this action of tort for assault and battery the judge, subject to exception, denied a motion for a directed verdict for the defendant Bert P. Williams, Inc. (Williams) whose employee, Kearns, on April 15, 1963, at Chelsea, inflicted blows with a pipe on the plaintiff Suckney. We summarize the evidence in light most favorable to the plaintiff to determine whether it was sufficient to support the finding, implicit in the jury’s verdict, that Kearns at the time of the assault was acting within the scope of his employment. Hobart v. Cavanaugh, 353 Mass. 51, 52. Included in the evidence was the…