BOWSER v. HERSHEY BASEBALL ASS'N


357 Pa.Super. 435 (1986)

516 A.2d 61

John B. BOWSER and Barbara L. Bowser, Appellants, v. The HERSHEY BASEBALL ASSOCIATION, Appellee, v. Chris O'NEILL, Appellee.

Supreme Court of Pennsylvania.

Filed October 9, 1986.


Attorney(s) appearing for the Case

Clyde W. McIntyre, Harrisburg, for appellants.

Charles W. Rubendall, II, Harrisburg, for Hershey, appellee.

Richard B. Swartz and James Clippinger, Harrisburg, for O'Neill, appellee.

Before WIEAND, BECK and WATKINS, JJ.


WIEAND, Judge:

May a plaintiff who was struck by a batted baseball during team tryouts conducted under the auspices of an unincorporated, non-profit association recover damages against the association of which he was a member and on whose behalf he was conducting the tryouts? The trial court held there could be no recovery and entered a compulsory nonsuit which it subsequently refused to remove. The plaintiff appealed.

The Hershey Baseball Association is an...

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