[Download] "Dwyer v. Edison Electric Illuminating Co." by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free

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eBook details

• Title: Dwyer v. Edison Electric Illuminating Co.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 28, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

CROSBY, J. This is an action of tort to recover for personal injuries received by the plaintiff when she was struck by a baseball which came from premises of the defendant. At the time the plaintiff was injured she was riding on the front seat of an automobile travelling on Massachusetts Avenue, a public way in Boston. When she had reached a point opposite the defendant's lot, a foul ball coming from the lot into the street and through a window of the automobile struck her. At the close of the plaintiff's evidence a motion for a directed verdict was presented by the defendant and allowed. The case is reported to this court with the stipulation that if the allowance of the motion was error judgment is to be entered for the plaintiff in the sum of $750, otherwise the verdict is to stand. It is not disputed that the defendant's premises adjoin Massachusetts Avenue; that there is a baseball field located on the premises; that there was a fence eight feet high, with a concrete base three feet high from the sidewalk with concrete posts and iron spikes or pickets; that the fence and concrete base ran along the defendant's premises on Massachusetts Avenue. There was evidence that all the ball games were played after working hours; that then the defendant's employees were permitted to play on this ball field; that at the time the plaintiff was injured two baseball teams, composed of the employees of the defendant, were engaged in a ball game; that the home plate was directly opposite the right side of Massachusetts Avenue, and approximately two hundred feet therefrom. There was further evidence that the ball which struck the plaintiff was pitched to the batter who struck it, and it went over into the highway at a height of less than a foot above the fence. It is apparent from the location of the home plate that the ball field extended substantially parallel with Massachusetts Avenue, and that the ball which struck the plaintiff was a foul ball and was batted by an employee of the defendant.

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