Ogden Standard-Examiner | 1923-11-30 | Page 8 | Barker Upheld by Supreme Court

BARKER UPHELD BY SUPREME S COURT The Judgment of ot Judge Jude Ge George George rge S Barker ot of the district court In the c Ue case ol ot M ill P Keller against the Gunn Supply company compan In JUdge Barker suited non-suited the pIli plain plain lift In has bas been affirmed by th the su- su supreme supreme su supreme preme court In a a decision written by J y Justice J U D Frick Keller brought the action against the supply company on the grounds that he was as assaulted by II a a vo Waiter alter In the employ of t the e company with with- without without out pro provocation f Judge Barker in his Us decision held that the case should be taken from the jur Jury and the plaintiff non non- non suited on the grounds that the waiter at the time of ot the assault liS as not acting In the line of ot his dut duty but was DS resenting a fancied in- in insult In Insult sult to his wife nife The Toe supreme court affirms the jUdgment and orders the case against the supply company dis- dis dismissed dismissed dis dismissed missed