Dooley

complaint herein alleged in substance that defendant Carl C. Vianelli was the agent of the defendant corporation, and that while acting in that capacity he assaulted the plaintiff Neva Dooley, injuring her. From a judgment in favor of plaintiffs the corporation has appealed.

Appellant contends that (1) the evidence is totally insufficient to prove that at-the time of the alleged assault Vianelli was in its employ or acting as its agent, (2) that irrespective of what the evidence shows as to agency, it does not show that appellant was liable for the assault by Vianelli, and (3) that the amount of the judgment is excessive.

Neva Dooley parked her car in the street at a neighbor’s, left the “switch key” therein and started up the steps to the neighbor’s home. As she was about halfway up the porch steps she saw a man get into the car, afterwards identified as the defendant Vianelli. She thereupon ran to the curb and jumped on the running-board of the car. The alleged assault occurred while the car was being driven some three blocks, evidently in an attempt to force her to get off the vehicle. Mrs. Dooley, however, was able to steer the car into a service station, where she was…