Alabama Fuel & Iron Co. v. Powaski

GARDNER, Justice.

Plaintiff recovered a judgment against defendant for assault and battery, from which this appeal is prosecuted.

Touching the merits of the case, defendant vigorously insists that, if plaintiff was assaulted by any of its employees, it was without the line and scope of their employment, and could be attributed solely to gratification of personal resentment or malice, and that the affirmative charge, as requested, was its due.

The applicable rule is well understood. Responsibility of the master for acts of the servant does not arise simply from the circumstance that at the time…