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MANNING v. MUNICIPAL COURT OF THE ROXBURY DISTRICT

372 Mass. 315 (1977)

361 N.E.2d 1274

DAVID MANNING, JR. vs. MUNICIPAL COURT OF THE ROXBURY DISTRICT & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 1977.

Attorney(s) appearing for the Case

Robert S. Wolfe for the plaintiff.

Willie Ivory Carpenter, Jr., Special Assistant District Attorney, for the District Attorney for the Suffolk district.

Arnold Felton, Special Attorney General, for the Municipal Court of the Roxbury District.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

In the evening of September 16, 1975, just after the end of the third inning of a baseball game between the Boston Red Sox and the Baltimore Orioles, the plaintiff, a spectator in the right field bleachers at Fenway Park, was struck in the head by a baseball thrown from the visiting team's bullpen by Ross Grimsley, a Baltimore Oriole pitcher. The plaintiff sought and ultimately obtained a complaint from the Municipal...

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