DOLAN v. LINTON'S LUNCH


397 Pa. 114 (1959)

Dolan, Appellant, v. Linton's Lunch.

Supreme Court of Pennsylvania.

July 2, 1959.


Attorney(s) appearing for the Case

Irwin Paul, for appellant.

Paul H. Ferguson, with him James F. Malone, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE McBRIDE, July 2, 1959:

This is an appeal from an order sustaining defendant's preliminary objections in the nature of a demurrer to plaintiff's complaint in trespass.

Plaintiff, Dolan, averred that while he was lawfully on the premises of defendant, Linton's Lunch, pursuing his duties as its employee, one Bernard Boyle, a fellow employee, came upon the premises and without provocation proceeded to administer a beating to plaintiff. He...

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