Opinion
Gen. No. 41,767. (Abstract of Decision.)
Opinion filed March 24, 1942
ASSAULT AND BATTERY, § 23 — as question for jury on conflicting evidence. Where defendant was sued in tort for an assault on plaintiff, and it appeared on conflicting evidence that the defendant as owner of premises occupied by plaintiff as a tenant sent a special police officer to serve a distress warrant on plaintiff, and he took another special police officer along with him who kicked the plaintiff and inflicted other injuries on her body, there was a relationship of master and servant, and a verdict in favor of plaintiff was affirmed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. JOHN V. McCORMICK, presiding.
Judgment affirmed. Heard in second division, first district, this court.
Prescott, Burroughs Taylor, for appellant;
A.M. Burroughs and Patrick B. Prescott, Jr., of counsel;
Philip Conley, for appellee.
"Not to be published in full." Opinion filed March 24, 1942.