McGovern v. Weis

This action was brought to recover damages for assault and battery and for negligence. The complaint alleged that the defendant, on April 12, 1941, about eleven fifty-five p. m., at the defendant’s saloon and restaurant in Lockport, New York, “ maliciously and wantonly assaulted the plaintiff by striking the plaintiff in such a manner as to knock him down upon the floor * * * ” breaking plaintiff’s right ankle and leg. For a second cause of action the complaint alleged, that the “ defendant so negligently, carelessly and recklessly shoved, ran into, and pushed and struck the plaintiff as to…