McGILL, Justice.
Appellee recovered a judgment against appellant for damages alleged to have resulted from an assault made upon him by C. B. Houghland, a Special Officer employed by appellant, whose duty among others was to protect company property and to make investigations concerning and to recover missing and stolen property of passengers on appellant's trains. The assault is alleged to have occurred at about nine o'clock P. M. on July 27, 1947, at Toyah, Texas...
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