Brendlin v. Beers

This is an appeal by plaintiff from a judgment dismissing the complaint, in an 'action for damages for assault and battery alleged to have been committed upon plaintiff by defendant’s employee, the janitor of premises belonging to defendant. The complaint alleges that plaintiff entered the premises on invitation of one of the tenants for the purpose of collecting a bill due him, and plaintiff testified that he so informed the janitor; that the janitor ordered him to go down to the dumb-waiter and collect his bill there; that plaintiff refused to do so and was thereupon forcibly ejected from…