Bryce v. Jackson Diners Corp.

These actions in trespass were brought by a husband and wife respectively as business invitees against the owner and operator óf a diner to recover damages resulting from an alleged assault and battery committed by the defendant’s servant. They were tried together before a jury in the superior court and at the conclusion of the testimony for plaintiffs the trial justice granted defendant’s motion for a nonsuit in each case. From such decision each plaintiff prosecuted an exception to this court.

It appears in evidence that plaintiffs Eugene F. Bryce and his wife Elsie on the evening of…