PYLE v. ELY & WALKER DRY GOODS CO.

No. 12796.

179 F.2d 677 (1950)

PYLE v. ELY & WALKER DRY GOODS CO. et al.

United States Court of Appeals Fifth Circuit.

February 6, 1950.


Attorney(s) appearing for the Case

Ben F. Cameron, Meridian, Miss., George E. Shaw, Jackson, Miss., Robert E. Perry, Jackson, Miss., for appellant.

George F. Woodliff, Jackson, Miss., William C. Connett IV, St. Louis, Mo., William S. Henley, Jackson, Miss., for appellees.

Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.


PER 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 respondeat...

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