Oppenheimer v. Union Pacific Railroad Co.

This is an appeal by the plaintiff from a judgment in his favor, in an action for damages for assault and battery.

In his original complaint plaintiff alleged that defendant, by and through its agents, servants and employees, acting in the course and scope of their employment wilfully, unlawfully, forcibly and violently, beat, struck and assaulted plaintiff about his head and face with a deadly weapon. At the time of the incident plaintiff was an employee of defendant. However, there was no such allegation in the complaint. The trial of the action resulted in a judgment for defendant.…