Snow v. DeButts

Tbe one- question we need to discuss on this appeal is tbe liability of tbe appealing defendant on tbe judgment rendered *122against tbe individual defendant. If DeButts was not acting witbin tbe scope of bis employment and in furtherance of bis master’s business at tbe time of bis assault upon tbe plaintiff, tbis question must be answered in tbe negative and tbe other exceptive assignments of error become immaterial.

Tbe plaintiff described tbe setting' of tbe assault in substance as follows:

“I was standing right near tbe mail wagon; others were present; I was waiting there for Mr. Brower.…