Fortune v. Trainor

The plaintiff at the circuit obtained a verdict in this action, the complaint in which contained two counts,—one for assault and battery, and the other for false imprisonment; both wrongs having been perpetrated, as was alleged, by a servant of the defendant while acting within the scope of his duty as such servant. The answer put in issue the authority of the servant to act in the matters complained of for the defendant, and also contained denials of the facts alleged as constituting the wrongs stated to have been committed. Prom the judgment entered on the verdict, and from an order denying…