Estes v. Brewster Cigar Co.

(dissenting) — -The result reached in the prevailing opinion is correct in all but the conclusion that a cause of action is not alleged as against the cigar company.

The amended complaint avers that the cigar company owned and operated, among others, the cigar store at 400 Union street; that it there operated an unlawful gambling game; that the store and the gambling game, were, and long had been, in the “sole charge of Daymude, as the agent, representative and employee of the cigar company.”

Daymude, of course, was the original actor who started the train of events. The policeman and his gun…