Maher v. Chapins Lunch Co.

Opinion by

James, J.,

Plaintiff sued to recover the value of an overcoat taken from a restaurant operated by the defendant while plaintiff was eating his lunch. Plaintiff, who had been a regular patron of the restaurant, narrated the circumstances under which the coat was taken as follows (p. 8a) : “About noon my assistant manager and myself went to lunch down at Chapin’s Lunch Room; on the first floor they have a circular counter with seats all around the counter and hooks back of the seats. I went in and went to the left at first; it was crowded. There were several people waiting to sit down,…