Cardenas

This appeal is from .a verdict and judgment in favor of appellee awarding damages for a personal injury.

The complaint alleges that one David Bohannon was employed by the appellant lumber company (referred to in this opinion as the company) to patrol the streets of the town of Westwood and to investigate thefts from stores owned by the appellant or operated by tenants of the latter. During the night of May 13, 1934, while Bohannon was patrolling the streets in the course of his employment, he undertook, it is alleged, to apprehend and question appellee on suspicion that the latter had stolen merchandise from an establishment operated by the company. Appellee attempted to run away, whereupon Bohannon pursued and wrongfully shot him with a tear gas gun, inflicting the injury complained of. The answer denied that Bohannon was patrolling the streets of the town in the course 'of any employment with the company, and averred that he was doing so in line with his duties as a deputy constable of Westwood township; that as such deputy constable he undertook to place appellee under arrest; and that the battery was committed by Bohannon in the course of the performance of his official…