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NOAH v. ZIEHL

No. 53096.

759 S.W.2d 905 (1988)

Daniel J. NOAH, Plaintiff-Respondent, v. Ronald L. ZIEHL, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

November 8, 1988.

Attorney(s) appearing for the Case

John Francis Cooney, Eugene K. Buckley, St. Louis, Thomas L. Fiala, Maryland Heights, for Ronald Ziehl.

Charles F. James, Wentzville, for Donald Ray Overton.

Frederick W. Drakesmith, St. Charles, for Daniel Noah.

SIMEONE, Senior Judge.

This is an appeal by Ronald L. Ziehl, the owner and proprietor of the Shady Grove Saloon, from a judgment entered upon a jury verdict in favor of plaintiff, Daniel J. Noah, against Donald Ray Overton, an employee of Ziehl's, and Ronald L. Ziehl for damages sustained when Noah was assaulted by Overton at Ziehl's saloon. The principal issue is whether the conduct of Overton was within the scope and course of his employment so as to subject the...

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