TORTS - ASSUMED RISK IN BLEACHERS OF BASEBALL PARK WHERE THERE IS NO CHOICE OF PROTECTED SEATS

Plaintiff sued for injuries sustained when struck by a foul ball at a baseball game while seated in the unprotected bleachers of the municipal baseball park. Held, the fact that there was no choice of protected seats in the ball park would not justify the recovery against the defendant, for the plaintiff, while seated in these unprotected bleachers, assumed this risk which was reasonably incidental to the game of baseball. Adonnino v. Village of Mount Morris, 171 Misc. 383, 12 N. Y. S. (2d) 658 (1939).