McLain v. Pensacola Coach Corporation

BROWN, J.:

In this case the appellant, plaintiff in the court below, brought suit against the defendant to recover damages for an assault and battery alleged to have been committed by the defendant’s servant who was engaged in operating one of defendant’s buses in Escambia County, Florida. The allegations of the first and second counts are quite similar. However, the first count was evidently relied on by the plaintiff as laying the ground for the recovery of exemplary or punitive damages. The count alleged, inter alia that the defendant’s servant maliciously and violently struck plaintiff…