SPALDING, J.
This is an action of tort for assault and battery. The defendant operates a night club in the city of Lowell. The premises comprise a "Melody Lounge" where dancing takes place, and a grill room in which there are a bar and tables. About 9:30 in the evening of January 23, 1946, the plaintiff and four companions went to the defendant's premises. While there, except for some time spent in the Melody Lounge, they sat at the bar. Around 11:30 a disturbance...
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