Sober As A Judge

Sober As A Judge / Case library / Heads Up!

Seventh-Inning Stretch · Heads Up!

Practice Between Games

Cincinnati Base Ball Club Co. v. Eno (1925)

Charge: Negligence - fan hit by a batted ball during between-games practice close to the stands (suit against the club)Court: Supreme Court of OhioDocket: Heads Up!

Does a fan automatically assume the risk of being hit during between-games practice held unusually close to the stands?

The facts

A woman sat in an unscreened section of the grandstand between the two games of a doubleheader. During the break, players practiced only 15 to 25 feet from her seat, with several balls in play at the same time. A batted ball struck her. She sued the club. The trial judge directed a verdict for the club, but an appeals court reversed and the club took the case to the state's highest court.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Cincinnati Base Ball Club Co. v. Eno, 112 Ohio St. 175, 147 N.E. 86 (1925)

Read more at lexplug.com. The source reveals the outcome.

← More from Heads Up! · All dockets