Bonetti v. Double Play Tavern

*Supp. 849SHOEMAKER, J.

In this action, plaintiff recovered a judgment in the sum of $3,000 against the defendants Stanfel and Double Play Tavern for injuries she received by being struck by a baseball thrown by a player on a baseball team sponsored by the defendants.

Defendants appeal, contending, first, that the player was not the agent or servant of defendants, and, second, even though this relationship might be assumed, for the purpose of argument, to have existed, nevertheless the negligent act which caused the injury cannot be held to be within the scope of the employment, and hence that…