Payne v. Teague

This was a suit for damages against appellant by plaintiff, Elsie M. Teague, joined pro forma by her husband, Henry M. Teague, for an assault which she alleged was committed on her person by one David McReynolds a special officer in the employment of appellant. The trial was to a jury, and on their verdict judgment was entered against appellant in the sum of $3,-500.

Refusal of the court to give a peremptory charge in favor of appellant forms the basis of the only assignment of error presented on this appeal. Appellant say the refusal of this charge involves two issues;

“(1) Was the servant of…