Legal Opinion

Cowan v. EASTERN RACING ASSOCIATION, INC.

Massachusetts Supreme Judicial Court

Decided April 7, 1953PublishedCited by 50 opinions

1Opinion of the CourtCounihan, J.

This is an action of tort to recover for an assault on the plaintiff by certain persons alleged to be agents or employees of the defendant when the plaintiff was a business invitee of the defendant at Suffolk Downs, a race track in Boston, owned by the defendant. The answer was a general denial, and by amendments there were special answers in the first of which the defendant denied that the assault was committed by the defendant, its agents or servants or by anyone acting in behalf of the defendant, and further set up that if there was any assault on the plaintiff it was committed by two…

2Cases cited25 opinions

  1. Khoury v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1928
  2. McDermott's CaseMassachusetts Supreme Judicial Court · 1933
  3. City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
  4. Frewen v. PageMassachusetts Supreme Judicial Court · 1921
  5. Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937

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3Cited by50 opinions

  1. Kelley v. RossiMassachusetts Supreme Judicial Court · 1985
  2. Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
  3. Luz v. Stop & Shop, Inc. of PeabodyMassachusetts Supreme Judicial Court · 1964
  4. Depianti v. Jan-Pro Franchising International, Inc.Massachusetts Supreme Judicial Court · 2013
  5. Bolen v. Paragon Plastics, Inc.District Court, D. Massachusetts · 1990

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