Boek v. Wong Hing

The appeal is from a judgment awarding plaintiff damages for defendant’s assault and battery.

By his motion for a directed verdict and judgment notwithstanding the verdict defendant raised the question of law that plaintiff’s sole remedy for the assault and battery was under the workmen’s compensation act, since the relation between the two men was that of employer and employe who were both under the act, and the fracas arose out of the manner in which plaintiff did his work during the hours thereof on or adjacent to the premises where his work was. The jury could find, and evidently did find,…