Schell v. Vergo

This is an action for assault committed by the. defendant McGillicuddy while in the employ of the defendant Vergo. McGillicuddy has not answered. The plaintiff alleges that the defendant Vergo was, on December 10, 1937, the owner of a barroom and restaurant known as Vergo’s Grill, located at 244 Monroe avenue in the city of Rochester, N. Y. The defendant Vergo’s answer admits this allegation. The plaintiff further alleges that, while a patron of defendant Vergo’s place of business on December tenth, he was assaulted by the defendant McGillicuddy, an employee of Vergo’s. He seeks a recovery…