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One-Horse Wagon's Driver 1, Wicket Players 0
|Location||New EnglandNew England|
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A man drives his wagon along a road in Great Barrington MA, passing though was a dozen wicket players think of as their regular playing grounds. A throw hits the man in the pit of his stomach [now remember, wicket balls were darned heavy]. Naturally, he sues the players for trespass.
The defendants' case: "at the time of the accident, Fayar Hollenbeck, on of the defendants, whose part in the game was to catch the ball after it had been struck, and to throw it back to the person whose business it was to roll it, was stationed in a northeasterly direction from the latter, who was atone of the wickets. The plaintiff had passed the wicket a little, and was west of a direct line from Hollenbeck to the person at the wicket. At this moment, Hollenbeck threw the ball with an intention to throw it to the person at the wicket; but the ball being wet, it slipped in his hand, when he was in the act of throwing it, and was thus turned from the intended direction, and struck the plaintiff."
In the fall of 1848, the MA Supreme Court found for the traveler, saying, but much less succinctly, that the roads were built for travelers and that wicket was obviously too dangerous to play there.
Luther S. Cushing, Cases Argued and Determined in the Supreme Judicial Court of Massachusetts Volume 1 (Little, Brown and Co., Boston, 1865), pp. 453-457. Accessed 2/10/10 via Google Books search (cushing "vosburgh vs. john").
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