Pollan v. City of Dothan

BROWN, Justice.

This is an action on the case by appellant against the City of Dothan, a municipal corporation, and its lessee Wadlington, for injury alleged to have been inflicted upon her person “at the Wiregrass Memorial Stadium in the City of Dothan, Alabama,” by “a baseball which was in play by a baseball team using the said stadium.”

The complaint consists of three counts, the court sustained the separate demurrers of the defendants to each of said counts; the plaintiff took a voluntary non-suit and appealed.

There is an absence of averments of negligence in either counts one or two or…