Brann v. Village of Hudson Falls
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred C. Brann, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 21st day of September, 1914, upon a dismissal of the complaint by direction of the court at the opening, upon the ground that the complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Woodward, J.:
The complaint, in substance, alleges that the defendant maintained, or permitted to be maintained, a baseball ground *875upon a public park in the village of Hudson Falls, adjacent to the highway, and permitted the game to be played there without having provided suitable screens, guards, etc., and that the plaintiff, while watching a game, or as he was about to leave the grounds, was struck by a foul ball and injured seriously. The facts as alleged in the complaint and supplemented by the opening to the jury appear to be that the defendant permitted baseball to be played in the…
2Cited by1 opinion
- Kantor v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937