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 ballpark of the D while he was walking.
The artificial condition, and admitted people on the baseball field.
You are liable for the action of the 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 the 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 the 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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