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KANE v. FIELDS CORNER GRILLE, INC.

341 Mass. 640 (1961)

171 N.E.2d 287

JAMES P. KANE vs. FIELDS CORNER GRILLE, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 1961.

Attorney(s) appearing for the Case

Thomas D. O'Brien III, for the defendant.

Francis J. DiMento, for the plaintiff.

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

WHITTEMORE, J.

1. There was no error in denying the defendant's motion for a directed verdict. The jury could have found that the plaintiff sustained injuries on January 28, 1956, as a result of an assault by his cousin Robert O'Brien while the plaintiff, in a group which did not include O'Brien, was a patron in the defendant's bar in Dorchester. When O'Brien came into the bar he at once objected to the plaintiff's presence on "my corner," and continued remarks against...

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