Hamilton v. Salt Lake City Corp.

HENRIOD, Justice.

This is an appeal from an order made by the trial court on pre-trial dismissing plaintiff’s complaint without prejudice on the ground that as a matter of law defendants were not negligent toward plaintiff and that the latter had assumed the risk of any injury sustained by her. Affirmed, with costs to respondents.

Plaintiff complained that Salt Lake City negligently constructed and maintained its ball park by failing to erect a screen in front, of spectators so as to prevent foul balls from hitting them; that as a result thereof plaintiff, who had paid for and chosen a seat 15…