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ASH v. 627 BAR (12/14/61)

December 14, 1961

ASH
v.
627 BAR, INC., APPELLANT.



Appeal, No. 328, Oct. T., 1961, from judgment of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1957, No. 2839, in case of Bernard Ash v. 627 Bar, Inc. Judgment affirmed.

COUNSEL

Ralph S. Croskey, for appellant.

Barbara Vetri, with her Snyder & Lowenschuss, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 197 Pa. Super. Page 40]

OPINION BY WATKINS, J.

This is an action in trespass brought by Bernard Ash, the plaintiff appellee, for damages alleged to have been inflicted upon him while in a bar known as "627 Bar, Inc.", the defendant appellant. The jury brought in a verdict for the plaintiff in the amount of $2,908.00 and the court en banc, after argument, dismissed the defendant's motion for judgment n.o.v. and entered judgment on the verdict. This appeal followed.

The facts are as follows: The plaintiff entered the premises of the defendant corporation which holds a liquor license and operates a taproom at 19th and Wallace Streets, Philadelphia, on September 26, 1957, at about 3:00 p.m.

[ 197 Pa. Super. Page 41]

After he had taken a seat at the bar, a woman came over to him and he bought a drink for her and a companion. He allowed his change to remain on the bar. Another patron them picked up a dollar bill from his change. After an argument the dollar was returned. This spirited discussion was heard and witnessed by the bartender.

There was then brought to his attention a shuffle-bowling game which was on the premises. A number of patrons and the bartender were playing and the plaintiff entered the game. The stakes were fifty cents a game and low scorer had to pay for drinks for everyone. The plaintiff played number of games, did not win, and paid his fifty cents each time. During the game arguments developed among the players and some of them shot out of turn.

The plaintiff decided to stop playing and returned to his place at the bar. The bartender went behind the bar and flipped a coin with him and again the plaintiff lost and bought the drinks. The record shows that all the patrons were "feeling pretty good" by this time.

Shortly after the coin flipping incident the bartender demanded that the plaintiff produce more money to pay for drinks. The plaintiff denied he had ordered any drinks and didn't want any more. The bartender became enraged and shouted, "If you don't get some more money up on the bar, I'm going to beat you up". Plaintiff answered that he was going to leave, whereupon the bartender started to run around the bar waving his hands at him. The plaintiff turned to go out when someone struck him from behind knocking ...


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