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HERN v. HECKERT

No. WD 35144.

679 S.W.2d 322 (1984)

Lelan Cecil HERN, Respondent, v. James A. HECKERT, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied October 2, 1984.

Application to Transfer Denied November 20, 1984.

Attorney(s) appearing for the Case

R.E. Moulthrop, Bethany, for appellant.

Edward M. Manring, Albany, Jerold L. Drake, Grant City, for respondent.

Before KENNEDY, P.J., and NUGENT and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied October 2, 1984.

KENNEDY, Presiding Judge.

This is an appeal by employer from a $20,000 judgment based upon the verdict in a jury trial, for injuries suffered by the plaintiff in an assault by defendant's employee.1

The employer defendant challenges the submissibility of the case upon the ground asserted by him that his employee was not acting within...

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