Brennan v. Bongiorno

The jury found for the plaintiff in his action of tort to recover damages for injuries, alleged to have been sustained as a result of an assault committed in the defendant’s café by one Chiampa, an alleged employee. The jury could have found that, without any justification, the plaintiff was assaulted by Chiampa at about one o’clock in the morning, although the evidence was conflicting whether the assault was committed in the café and whether at the time Chiampa was an employee. There was evidence that Chiampa was employed to clean the café; that he did this work between the hours of eight…