Gen. No. 52,310.

96 Ill. App.2d 54 (1968)

238 N.E.2d 162

James T. Brewer, Plaintiff-Appellee, v. William M. Martin, Defendant-Appellant.

Appellate Court of Illinois — First Judicial District.

Rehearing denied July 1, 1968.

Attorney(s) appearing for the Case

Mortimer, Nolan, O'Malley & Dunne, of Chicago (Patrick W. Dunne and Kieran P. O'Gallagher, of counsel), for appellant.

Peter Fitzpatrick, George Kaye, and Francis W. Gulbranson, of Chicago, for appellee.


The genesis of this case was an alleged assault during a baseball game between the Cincinnati Redlegs and the Chicago Cubs on August 4, 1960. The defendant, William M. Martin, was a baseball player for the Cincinnati Redlegs and the plaintiff, James T. Brewer, was a pitcher for the Chicago Cubs. Martin was at bat with James Brewer pitching. The first pitch was near Martin's head. Following the second pitch, Martin's bat either left his hands or was thrown...

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