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The Orioles and Red Sox were playing at Fenway. Grimsley (D) was warming up as a pitcher for Baltimore. While D was warming up, the spectators were constantly heckling him. At the end of the third inning, after his catcher left his position, D was walking over to the bench. D faced the bleachers and wound up as though to pitch in the direction of the plate and the ball left his hand at a 90-degree angle from the pitcher’s mound directly toward the hecklers. The ball passed through the wire mesh and hit a heckler. The judge entered a verdict for Ds on the count of battery, and the jury returned a verdict for D on the negligence count. This appeal resulted on the battery count.

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