Labossiere v. Sousa

This action of trespass for assault and battery was heard in the superior court on the defendant’s demurrer to the declaration. The demurrer was sustained and the plaintiff was given an opportunity to amend his declaration. However, he expressly waived his right to amend and the case is before us solely on his exception to the ruling sustaining the demurrer.

The pertinent allegations of the declaration are in substance that plaintiff was a customer and business invitee in a cafe owned and operated by defendant in the city of Woonsocket; that Loretta Santos was employed by defendant to wait…