Rawson v. Massachusetts Operating Co. Inc.

The plaintiff, a patron in the Capitol Theatre on March 30, 1948, owned and operated by the defendant in Somerville, was assaulted by another patron, the defendant being allegedly negligent in failing to take proper precautions to prevent the occurrence. The jury returned a verdict for the plaintiff, but the judge entered a verdict for the defendant under leave reserved, the plaintiff excepting.

The question is the application of a well settled principle of law. The defendant theatre owner and operator, in common with other possessors of real estate open to the public for business purposes,…