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DAVIS v. DELROSSO

371 Mass. 768 (1977)

359 N.E.2d 313

GARY H. DAVIS vs. STEVEN L. DELROSSO & another.

Supreme Judicial Court of Massachusetts, Worcester.

January 25, 1977.

Attorney(s) appearing for the Case

Anthony D. Murphy for Millbury Cafe, Inc.

Henry P. Grady, City Solicitor, for Steven L. DelRosso.

John F. Keenan for the plaintiff.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.

KAPLAN, J.

The plaintiff Gary H. Davis sued the defendants Steven DelRosso, Millbury Cafe, Inc. (Millbury), and the city of Worcester for damages for an assult on him by DelRosso, a Worcester police officer who was serving in off-duty hours on paid detail at Millbury's premises. At trial to a jury, the city of Worcester's motion for a directed verdict was granted, and the plaintiff took no appeal from the ensuing judgment...

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