McCann v. Tillinghast

140 Mass. 327 | Mass. | 1885

By the Court.

The defendants are not liable for the as- • sault by Baily upon the plaintiff, unless it was committed by Baily while acting within the scope of his employment as a servant of the defendants. This fact is not sufficiently alleged in the declaration, and it is therefore demurrable.

Judgment for the defendants.