Title of the Case: Averill Jr. v. Luttrell; 311 S.W.2d 812 (Tenn. App. 1958)
Court: This case is on appeal in the Tennessee Appellate Court, from the trial court of Chattanooga, Tennessee, which is the original jurisdiction.
Facts: On August 20, 1955, during a baseball game between the Nashville Vols and Chattanooga Lookouts in Chattanooga, Tennessee, Vols pitcher Gerry Lane was pitching to the plaintiff, Lyle Luttrell, when the fourth pitch hit Luttrell on his backside. Luttrell proceeded to throw his bat in the direction of the pitcher’s mound when the defendant, Lookout’s Earl Averill Jr., stepped up behind Luttrell and struck him in the back or side of his head, rendering Luttrell unconscious. Luttrell also sustained a fractured jaw when
Court: This case is on appeal in the Tennessee Appellate Court, from the trial court of Chattanooga, Tennessee, which is the original jurisdiction.
Facts: On August 20, 1955, during a baseball game between the Nashville Vols and Chattanooga Lookouts in Chattanooga, Tennessee, Vols pitcher Gerry Lane was pitching to the plaintiff, Lyle Luttrell, when the fourth pitch hit Luttrell on his backside. Luttrell proceeded to throw his bat in the direction of the pitcher’s mound when the defendant, Lookout’s Earl Averill Jr., stepped up behind Luttrell and struck him in the back or side of his head, rendering Luttrell unconscious. Luttrell also sustained a fractured jaw when