Bolwin v. El Kay Manufacturing Co.

This action was brought by Earl Bolwin to recover damages from the defendant, El Kay Manufacturing Company, for personal injuries suffered in an assault committed by Willie Davis, who was employed as a shipping checker by El Kay at the time of the incident. Bolwin was his only witness and after hearing his testimony, the trial court directed a verdict for the defendant, based upon its finding that the assault was outside the scope of Davis’ employment.

Bolwin contends that his testimony concerning the shipping checker’s assault while he was loading his truck on the defendant’s premises was…