Sullivan

The plaintiff sued for damages suffered because of personal injuries inflicted on him. The defendants appeared and answered separately. The jury returned a verdict against both defendants. People’s Ice Corporation made a motion for judgment notwithstanding the verdict. The motion was denied. From a judgment entered on the verdict People’s Ice Corporation has appealed under section 953a of the Code of Civil Procedure.

In his complaint the plaintiff alleged:

The defendant urges that the verdict and judgment are contrary to law because there is no evidence to show that the defendant Dupzyk was acting within the scope of his authority, express or implied. In presenting the point the defendant assumes that the case made by the plain tiff is merely a charge that the plaintiff was assaulted by Dupzyk during working hours and that after the assault the defendant did not discharge Dupzyk; A most casual reading of the plaintiff’s complaint shows that assumption fails to take into consideration many allegations contained in the complaint. There was evidence, direct or circumstantial, tending to support every allegation contained in the complaint. The weight of the evidence was for the…