Shaw v. Boston American League Baseball Co.

The female plaintiff, hereinafter called the plaintiff, was struck and injured by a baseball while attending a game at the defendant’s baseball park, and out of that incident these two actions of tort arose. In one, the plaintiff seeks compensation for her injuries. In the other, consequential damages are sought by her husband. The answers of the defendant included the defence of voluntary assumption of risk. See Sylvain v. Boston & Maine Railroad, 280 Mass. 503, 505.

The defendant operates a ball park in Boston in which major league baseball games are played. It is agreed that on the day the…