Is the owner liable for the damage suffered to john


Problem

Julie was employed as a barmaid at the Hotel Collingwood for about four years. Just before six o'clock one John Wisley, who was "pretty full," came into the public bar and asked Julie where the owner was, and asked her for a bottle of rum. Julie informed the plaintiff the owner was in the saloon bar and that he (John) could obtain the rum in the bottle department. John knocked over some glasses with beer in them that Julie had just served to other customers. When he did that she said to him "Will you please go away." He thereupon called her foul names and then struck her a severe blow on the right side of her face. She was filling a glass at the tap as he did so, and she endeavoured to throw the beer in his face, but her hands were wet and the glass slipped out of her hand, with the result that he was struck by the glass as well as the beer. A result of the incident was that the plaintiff lost the sight of his left eye.

Is the owner liable for the damage suffered to John?

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