BENHAM, Justice.
When a dispute arose concerning a contract pursuant to which Crane Brothers was to dig a well for May, two employees of Crane Brothers physically attacked May. Arrested and charged with simple battery, one was convicted and fined and the other was acquitted. Crane Brothers sued May on the debt and May counterclaimed in tort, seeking to hold Crane Brothers liable in respondeat superior for its employees' alleged assault and battery. A jury awarded...
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