Crane v. Kansas City Baseball & Exhibition Co.

• Decision Date: 17 February 1913
• Citation: 153 S.W. 1076
• Parties: CRANE v. KANSAS CITY BASEBALL & EXHIBITION CO. et al.
• Court: Missouri Court of Appeals

153 S.W. 1076

CRANE v. KANSAS CITY BASEBALL & EXHIBITION CO. et al.

Kansas City Court of Appeals. Missouri.

February 17, 1913.

1. THEATERS AND SHOWS (§ 6) — BASEBALL PARK — SAFETY OF SPECTATORS — DEFENDANT'S LIABILITY.

Where defendants operated and maintained a baseball park for profit, at which the public were invited to see professional baseball for an entrance fee, defendants were bound to use reasonable care to provide patrons with seats protected by screening from wildly thrown or foul balls, in case patrons desired such protection; but defendants were not insurers of the safety of spectators.

2. THEATERS AND SHOWS (§ 6) — BASEBALL PARK — INJURY TO SPECTATORS — CONTRIBUTORY NEGLIGENCE.

Where plaintiff, with full knowledge of the dangers incident to the playing of the game of professional baseball, voluntarily went to defendants' park to see a game, and, though he could have taken a protected seat in the grand stand behind wire screening, voluntarily seated himself in an unprotected part of the stand, and was later hit by a foul ball and injured, he was guilty of contributory negligence, and could not recover.

Appeal from Circuit Court, Jackson County; W. O. Thomas, Judge.

Action by S. J. Crane against the Kansas City Baseball & Exhibition Company and another. Judgment for defendants, and plaintiff appeals. Affirmed.

L. A. Laughlin, of Kansas City, for appellant. Hadley, Cooper, Neel & Wilson, of Kansas City, for respondents.

JOHNSON, J.

This is an action for personal injuries, alleged to have been caused by negligence of defendants. The answer, in addition to a general denial, pleads contributory negligence and assumed risk. The cause was submitted to the trial court on an agreed statement of facts, in which it is stipulated that if the facts disclose a good cause of action plaintiff shall have judgment for $100 and costs. The defendants separately requested the court to declare, as a matter of law, that plaintiff is not entitled to recover. These requests were granted, and judgment was rendered for defendants. Plaintiff appealed.

The ruling of the court in giving these declarations of law, to which exceptions were duly made and preserved by plaintiff, requires us to look at the facts from the viewpoint most favorable to plaintiff; and if we should find they will support a reasonable inference that his injury was caused by the negligence pleaded in the petition, unaided by negligence of plaintiff, the conclusion would follow that the court erred in holding, as a matter of law, that plaintiff had no cause of action.

The facts of the case are as follows: The defendants are the owners of a baseball park in Kansas City, and are engaged in the business of giving public exhibitions of professional baseball. The defendant corporation is a member of a league or association of baseball clubs known as the "American Association." This association is composed of eight professional clubs, and games are played, according to schedule, in the various cities to which the respective clubs are accredited. The home of the club owned and conducted by defendants is in Kansas City, and the games assigned to Kansas City are played in defendants' park, under their management and control. The association and its constituent clubs are purely business enterprises conducted for profit. When a game is played in Kansas City, spectators are compelled to pay admission fees; the fee to the grand stand being 50 cents and to the bleachers 25 cents. The grand stand seats have the advantage over those in the bleachers of being closer to the scene of action, and of having a roof over them. The seating structures are on the west end and north side of the park. The home plate is at the west end of the diamond,...