(1) Pleading. Case and Trespass. Master and Servant. A master can not be held liable for an assault committed by his servant without cause or provocation, and not within the scope of the servant's employment or done with authority from the master.
PER CURIAM.
The action is trespass on the case, and the declaration alleges a violent assault by a servant of the defendant, without cause or provocation, but it does not show that it was done without authority from the master, or within the scope of the servant's employment.
These facts must appear before the master can be held liable. Mossessian v. Callender, 24 R.I. 168; Howe v. Newmarch, 12 Allen, 49.
Demurrer to the declaration sustained.