Joyce v. Southern Bus Lines, Inc.

McCORD, Circuit Judge.

George Joyce filed suit for damages against Southern Bus Lines, Inc., for personal injuries sustained from an assault and battery, alleged to have been committed upon him by one. of defendant’s duly authorized agents, while acting within the scope of his employment.

*433Defendant filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the sole ground that it failed to state a claim upon which relief could be granted. The trial court sustained the motion and dismissed the complaint. A motion for new trial was thereafter…