AKINS v. GLENS FALLS CITY DIST


53 N.Y.2d 325 (1981)

Robin Akins, Respondent, v. Glens Falls City School District, Appellant.

Court of Appeals of the State of New York.

Decided June 18, 1981.


Attorney(s) appearing for the Case

Peter D. FitzGerald for appellant.

Robert S. Stewart for respondent.

Judges GABRIELLI, JONES and WACHTLER concur with Judge JASEN; Chief Judge COOKE dissents and votes to affirm in a separate opinion in which Judges FUCHSBERG and MEYER concur.


JASEN, J.

On this appeal, we are called upon to define the scope of the duty owed by a proprietor of a baseball field to the spectators attending its games. The specific question presented is whether such an owner, having provided protective screening for the area behind home plate, is liable in negligence for the injuries sustained by a spectator as a result of being struck by a foul ball while standing in an...

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