Friday, October 10, 2014

Salevan v. Wilmington Park case brief summary


Salevan v. Wilmington Park case brief summary

F: P was struck by a baseball from the ball park of the D while he was walking.
Artificial condition, and admitted people on the baseball field.
Liable for action of third party that you let in your property.


I: Whether The landowner has a duty of taking reasonable precautions for the protection of the public lawfully using the highways concerning inherent nature of the game and its past history requires him to do so. 


R: The landowner has a duty of taking reasonable precautions for the protection of the public lawfully using the highways concerning inherent nature of the game and its past history requires him to do so.

A:
While D took precautions to protect travelers, those precautions were insufficient. It further seems clear that D knew, or should have known, that the precautions taken initially were insufficient to protect the public engaged in its lawful right, using the highways. 


C: judgment for P (negligence on the part of D)

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