Molloy v. Coletti

The plaintiff alleges that while a guest in the restaurant operated and owned by the defendant he was violently struck on the head by a heavy glass water tumbler thrown by a patron of said restaurant and was seriously injured. He further alleges that it was the duty of the defendant to afford protection to him from unlawful acts of other patrons, *178and that notwithstanding this duty the defendant, although duly warned by the boisterous, offensive and unlawful conduct of the patron who threw the glass, made no effort to protect plaintiff. The defendant demurs to the complaint upon the ground…