Erickson v. Lexington Baseball Club, Inc.

Tbe plaintiff insists that bis case should bave been submitted to tbe jury on tbe theory that tbe defendant was negligent in not providing him with a choice between screened and unscreened seats. We are inclined to tbe other view.

This was a post-season, play-off game. Interest was at a high pitch. An unusually large crowd was in attendance, tbe like of which one witness said bad never been seen before in Lexington. Tbe grandstand and bleachers ordinarily seated about twenty-five hundred people. That night more than four thousand came. Play-offs like this seldom occurred. There was one…