Maisenbacker v. Society Concordia
Supreme Court of Connecticut
Action to recover damages for assault and battery and for the wrongful ejection of the plaintiff from a dance hall, brought to the Court of Common Pleas in Fairfield County and tried to the jury before Ourtis, J.; verdict and judgment for the plaintiff for $300, and appeal by the defendant for alleged errors in the charge of the court.
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Action to recover damages for assault and battery and for the wrongful ejection of the plaintiff from a dance hall, brought to the Court of Common Pleas in Fairfield County and tried to the jury before Ourtis, J.; verdict and judgment for the plaintiff for $300, and appeal by the defendant for alleged errors in the charge of the court. The complaint was as follows: — “1. The defendant was conducting and maintaining a ball and dance, for admission to which and for the privileges of dancing therein, during said ball, the defendant charged an admission fee. 2. On said date the plaintiff…
1Opinion of the CourtHalx, J.
The complaint alleges in substance that the plaintiff, having contracted with and paid the defendant for the privilege of dancing at a certain ball, was, by the forcible *376acts of the defendant’s agents, prevented from exercising her said right, and was thereby caused pain and damage.
The trial court correctly charged the jury that the complaint described two causes of action: one for personal injury, and the other for a breach of contract. Under the averments of the complaint the plaintiff would have been entitled to a verdict upon proof either that she was forcibly prevented from dancing, as…
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