Musgrave v. Madonna

Plaintiff Musgrave appeals a summary judgment entered in favor of defendant Madonna. By that judgment, Madonna, an alleged absentee proprietor of a regular marathon poker game upon his premises, was exonerated from personal liability for an assault committed upon Mus-grave, an observer of the game, by a participant in the presence of the alleged agent, partner, or employee of Madonna. It was the theory of the plaintiff Musgrave, as against Madonna, that the Saturday night dealer, Flumbaum, had the obligation to keep order and that when he failed to do so during an altercation between…