Keljikian v. Star Brewing Co.

This action of “contract or tort” comes here upon the plaintiffs’ appeal under G. L. (Ter. Ed.) c. 231, § 96, from an order sustaining a demurrer to the declaration.

The declaration alleges in substance that an employee of the defendant entered the plaintiffs’ restaurant to deliver a cask of beer; that the employee “negligently and without *54warning to the plaintiffs or their customers opened a trap door in the floor” into which a customer fell and.was hurt; and that the customer brought an action against the plaintiffs and obtained judgment and execution for $600 and costs, which the plaintiffs…