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LYONS v. DUROCHER

341 Mass. 382 (1960)

169 N.E.2d 911

MARY LOUISE LYONS, administratrix, vs. ARTHUR DUROCHER & another.

Supreme Judicial Court of Massachusetts, Middlesex.

November 9, 1960.

Attorney(s) appearing for the Case

Henry Lawlor, for the defendant Durocher.

Elliot E. Rosenberg, for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.

CUTTER, J.

One Rigazio sustained injuries in a cafe operated by one of the defendants, Orloff's Inc. (Orloff's). He asserted that these injuries were the result of an assault by the other defendant, Durocher. Rigazio brought this action originally against Durocher, alleging the assault by Durocher in count 1 of his declaration, and against Orloff's, alleging in count 2 that Orloff's failed to provide safe premises for its customers and permitted the assault, and in...

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