Dart v. Yellow Cab, Inc.

DENTON, Chief Justice.

This suit was instituted by Claude Pat Dart against Yellow Cab, Inc., seeking to recover damages for personal injuries alleged to have been received by him as a result of an assault and battery committed upon him by Frank M. Lester, a cab driver for the defendant company. Lester was not made a party defendant. Plaintiff’s contention of liability against the cab company is based upon Respondeat Superior.

The trial was to a jury. The jury found: (1) that Lester, in committing an assault and battery upon Dart, was acting within the scope of his employment with the cab…