Leek v. Tacoma Baseball Club, Inc.

— William J. Leek brought this action against Tacoma Baseball Club, Inc., to recover damages for serious personal injuries sustained when he was struck by a foul ball while watching a baseball game in defendant’s baseball park. The cause was tried to the court without a jury. At the conclusion of plaintiff’s case, defendant moved for dismissal. The motion was granted, and judgment was accordingly entered for defendant. Plaintiff has appealed.

The evidence, when viewed in a light most favorable to appellant, discloses the following facts: On the evening of August 4, 1949, Leek purchased a…