#### Anna Hojnacki, appellee, v. Samuel E. Moist, appellant.

Gen. No. 27,992.

Action in trespass for personal injuries caused- by assault and battery, alleged to have been committed by defendant’s servant in repossessing a piano had by plaintiff on the instalment plan. Defense pleaded right to enter and remove under written contract, also that employees concerned were servants of an independent contractor. Judgment for plaintiff. Appeal from the Superior Court of Coolc county; the Hon. Edward D. Shurtleff, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1922.

Reversed with finding of facts.

Opinion filed February 13, 1923.

Rehearing denied February 28, 1923.

Certiorari denied by Supreme Court (making opinion final).

Wyman, Kinne & Carpenter, for appellant. John Hugh Dally, for appellee;1 Albert B. Holeeek, of counsel.

Mr. Justice Gridley

delivered the opinion of the court.