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SHAW v. BOSTON AMERICAN LEAGUE BASEBALL CO.

325 Mass. 419 (1950)

90 N.E.2d 840

LILLIAN SHAW vs. BOSTON AMERICAN LEAGUE BASEBALL COMPANY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 6, 1950.

Attorney(s) appearing for the Case

R.N. Daley, (P.S. Ratzkoff with him,) for the plaintiffs.

S.P. Sears, for the defendant.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.

SPALDING, J.

The female plaintiff, hereinafter called the plaintiff, was struck and injured by a baseball while attending a game at the defendant's baseball park, and out of that incident these two actions of tort arose. In one, the plaintiff seeks compensation for her injuries. In the other, consequential damages are sought by her husband. The answers of the defendant included the defence of voluntary assumption of risk...

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