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RAWSON v. MASSACHUSETTS OPERATING CO. INC.

328 Mass. 558 (1952)

105 N.E.2d 220

MELVIN RAWSON vs. MASSACHUSETTS OPERATING CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1952.

Attorney(s) appearing for the Case

F.I. Rose, for the plaintiff.

K.C. Parker, for the defendant.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

WILKINS, J.

The plaintiff, a patron in the Capitol Theatre on March 30, 1948, owned and operated by the defendant in Somerville, was assaulted by another patron, the defendant being allegedly negligent in failing to take proper precautions to prevent the occurrence. The jury returned a verdict for the plaintiff, but the judge entered a verdict for the defendant under leave reserved, the plaintiff excepting.

The question is the application of a well settled...

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