Peck v. Gerber

At about the hour of 9:30 o’clock p. m. of November 25,1934, two young men had an altercation in defendants’ restaurant. One of them was knocked over and upon plaintiff, who, as a patron of the restaurant, had been seated at a table there, but had arisen from her chair and was in the act of picking up her cloak in order to leave.

The part of the bone in plaintiffs heel called the sustentaculum cali of the os calcis and the bone of her ankle, known as the astragalus, were fractured; and fragments of bone were pulled out of the top of the astragalus and off of the top of the scaphoid.

The…