Hernandez v. Diaz

In September, 1956 while John Hernandez, the plaintiff, was seated in a Chicago bar, four intoxicated men unknown to him entered, purchased drinks, and became rowdy and offensive. John Brown, the guard hired by the tavern owner, asked the four intoxicated men to leave but instead they became threatening and the guard pulled out his revolver, and in the. scuffle that followed a shot was fired by the guard which struck the plaintiff. The plaintiff filed a complaint in two counts; count I being under the Dram Shop Act and against the owners of the tavern and other taverns in which the four men…