Lamm v. City of Buffalo

We think that a fair question of fact was presented as to whether the city violated its duty of ordinary care in inviting and encouraging ball games to be played on this diamond in Delaware Park, in the city of Buffalo, which was located so close to a public highway that balls batted by the players were liable to drop in the road and strike travelers lawfully traveling thereon.

While the charge of the judge of the City Court is subject to criticism, no suggestion of error was made on the trial by counsel for appellant.

In affirming these judgments we are not to be understood as indorsing all…