TaiLexi AI U.S. Case Law

Orasz v. Colonial Tavern, Inc.

Michael Orasz v. Colonial Tavern, Inc.

Orasz v. Colonial Tavern, Inc., 289 N.E.2d 841 (Mass. 1972)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
November 6, 1972
Citations
289 N.E.2d 841362 Mass. 8811972 Mass. LEXIS 1089
Cited by 5

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The defendant appeals from an order of the Appellate Division dismissing a report in an action of tort for assault and battery. According to the report, the plaintiff, a patron of the defendant’s tavern, was beaten with a blackjack and kicked by a bartender employed by the defendant to maintain order and decorum, and the assault was committed by the bartender “for the purpose of accomplishing the work of the defendant and within the scope of his employment.” Two other bartenders testified for the defendant that they and a doorman were present during the affray, and one of them testified that the plaintiff called the first bartender a “faggot” before the bartender directed any remarks to the plaintiff. In our opinion the evidence reported warranted the trial judge and the Appellate Division in concluding that the bartender was acting within the scope of his employment. Ridge v. J. J. Foley Cafe, Inc. 318 Mass. 310, 311 , and cases cited. See Suckney v. Bert P. Williams, Inc. 355 Mass. 62, 64-65 . We need not *882 consider the suggestion that there may have been negligence in the defendant’s selection of personnel.

Thomas C. Cameron for the defendant. John M. Mullen (John G. Kilpatrick, Jr., with him) for the plaintiff.

Order dismissing report affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1973: 11974: 11980: 11983: 12006: 119732026peak 1973 · 1

Relies on it most ⓘ

  1. Orasz v. Colonial Tavern, Inc.310 N.E.2d 311 (Mass. 1974)
  2. McIntyre v. United States447 F. Supp. 2d 54 (D. Mass. 2006)
  3. Miller v. Federated Department Stores, Inc.304 N.E.2d 573 (Mass. 1973)
  4. Commonwealth v. Jerez457 N.E.2d 1105 (Mass. 1983)
  5. Pupillo v. New England Telephone & Telegraph Co.412 N.E.2d 335 (Mass. 1980)

Most recent

  1. McIntyre v. United States447 F. Supp. 2d 54 (D. Mass. 2006)
  2. Commonwealth v. Jerez457 N.E.2d 1105 (Mass. 1983)
  3. Pupillo v. New England Telephone & Telegraph Co.412 N.E.2d 335 (Mass. 1980)
  4. Orasz v. Colonial Tavern, Inc.310 N.E.2d 311 (Mass. 1974)
  5. Miller v. Federated Department Stores, Inc.304 N.E.2d 573 (Mass. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Suckney v. Bert P. Williams, Inc., 242 N.E.2d 416 (Mass. 1968) 5
Ridge v. J. J. Foley Cafe, Inc., 61 N.E.2d 329 (Mass. 1945) 5

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list