Rosensteil v. Lisdas

This is an action to recover damages for personal injuries suffered by plaintiff as a result of his efforts to break up an affray which occurred in defendants’ restaurant. The trial court directed a verdict for defendants. Plaintiff appeals.

At about 3:00 a.m. on August 13, 1966 the plaintiff and a companion stopped to eat at defendants’ all-night restaurant in the small town of Cornelius. The defendants’ restaurant was adjacent to a bar which was also operated by defendants. The bar had closed at 2:30. The restaurant was crowded with people some of whom had come from defendants’ bar and other…