Baker v. Topping
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGibson, J.
Plaintiff was injured when struck by a ball hit by one of the players in a baseball game between the New York Yankees and the Baltimore Orioles at Yankee Stadium in the City of New York. His actions are in negligence, one against the owners and operators of the Yankees’ baseball club and of Yankee Stadium and the other against the corporation supplying ushers to the stadium. The complaints in both actions have been dismissed on defendants’ motion for summary judgment and plaintiff appeals. We find that Special Term’s order was properly grounded upon the doctrine of assumption of risk and must…
2Cases cited12 opinions
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Quinn v. Recreation Park Assn.California Supreme Court · 1935
- Brisson v. Minneapolis Baseball & Athletic Ass'nSupreme Court of Minnesota · 1932
- Ingersoll v. Onondaga Hockey Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
- Crane v. Kansas City Baseball & Exhibition Co.Missouri Court of Appeals · 1913
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3Cited by15 opinions
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
- Benejam v. Detroit Tigers, IncMichigan Court of Appeals · 2001
- Iervolino v. Pittsburgh Athletic Co.Superior Court of Pennsylvania · 1968
- Board of Trustees v. Pyramid CompaniesAppellate Division of the Supreme Court of the State of New York · 1976
- Shirley Martinez and Richard Martinez v. Houston McLane Company, LLC D/B/A Houston Astros Baseball Club, Texas Court of Appeals, 1st District (Houston)2013
10 more not listed; retrieve them via the Exa API.