Murphy v. Bay State Wine & Spirit Co.

The plaintiff’s intestate was taking a drink in a saloon belonging to the defendant when he was assaulted by two bartenders in the employ of the defendant and forcibly ejected from the saloon, receiving injuries which caused his death. This action is brought to recover for the injuries so received. At the close of the plaintiff’s evidence the presiding judge * ruled that she could not recover, and the plaintiff duly excepted. The case *286is here on report; if the exceptions are sustained, judgment is to be entered for the plaintiff for $5,,000.

The question is whether the evidence would warrant a…