Davis v. Bennett

REEVES, Chief Judge.

The defendant has filed a motion for a summary judgment on the sole ground that the claim alleged by the plaintiff in his complaint is one arising under the Workmen’s Compensation Laws of Missouri, V. A.M.S. § 287.010 et seq., and that, perforce such laws, the plaintiff is not entitled to recover in this common-law action. The action is for an alleged assault and battery. Clearly such an action exists at common law so that the only question is, whether, upon the facts presented in defendant’s motion, the injuries alleged to have been sustained by plaintiff were inflicted…