Legal Opinion
Pyle v. Ely &. Walker Dry Goods Co.
Court of Appeals for the Fifth Circuit
Decided February 6, 1950No. 12796_1PublishedCited by 6 opinions
1Per curiam
The suit was against clients of one John H. Boman, Jr., an attorney at law, for damages alleged to have been caused plaintiff by an unprovoked assault upon him, committed while plaintiff and Boman were engaged in taking depositions, for the taking of which Boman had been employed.
The claim was that though the clients did not employ Boman to make the assault, the assault occurred in the course of employment, and, upon the principle of res-pondeat superior, defendants are liable to plaintiff for the unauthorized assault.
The defense, in addition to a denial of the alleged assault, was that if an…
2Cases cited5 opinions
- Buehman v. SmelkerArizona Supreme Court · 1937
- Gulf Refining Co. v. HarrisCourt of Appeals of Georgia · 1923
- Claxton v. Johnson CountySupreme Court of Georgia · 1942
- De Bord v. Proctor & Gamble Distributing Co.Court of Appeals for the Fifth Circuit · 1944
- Calvert v. Atlanta Hub Co.Court of Appeals of Georgia · 1927
3Cited by6 opinions
- Rupe Inv. Corp. v. CommissionerUnited States Tax Court · 1958
- William L. Brinkley v. Farmers Elevator Mutual Insurance Company, a Corporation, Helen L. Brinkley v. Farmers Elevator Mutual Insurance Company, a CorporationCourt of Appeals for the Tenth Circuit · 1973
- Nagelson v. Fair Park National BankCourt of Appeals of Texas · 1961
- Wood v. Holiday Inns, Inc.District Court, M.D. Alabama · 1974
- Brinkley v. Farmers Elevator Mutual InsuranceCourt of Appeals for the Tenth Circuit · 1973
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