Chase

With the consent of the school authorities an adult, evening softball league used the ball field of an elementary school. Plaintiff, playing the left field position, was pursuing a fly ball when he ran into a nearby concrete incinerator, suffering severe skull injuries. His damage action against the school district went to trial before the court sitting without a jury. The court found the school district negligent in knowingly maintaining a dangerous condition; absolved plaintiff of contributory negligence; concluded that he had assumed the risk and rendered a defense judgment, from which plaintiff appeals.

The softball field was small, the bases being 45 feet apart as compared to 60 feet on a standard softball diamond. The boundaries of the outfield were not marked. The incinerator, a tower-like structure about 10 feet tall and 3 feet square, stood in a grassy area in the outer reaches of center field, beyond the range of most hit balls but within range of an occasional hard hit ball. It was built of concrete, its vertical edges bound by angle irons, and stood on a concrete base about 6 inches high and 5 feet square. The edge of the base protruded 2 feet beyond the incinerator…