Wells v. Robinson Bros. Motor Co.

The appellant, plaintiff in the court below, instituted this suit in the circuit court of the First judicial district of Hinds county against the appellee, seeking to recover damages for personal injuries alleged to have been inflicted in an assault and battery upon him by one Dyer Runnels, an employee and agent of the appellee, while the said Runnels was acting within the scope of his employment. At the conclusion of the plain-' tiff’s testimony, the court below granted a peremptory instruction for the defendant on the theory that the evidence failed to show that Runnels was acting within…