![]() During batting practice, the batters positioned themselves behind home plate and approximately five feet from the backstop so as to eliminate the need for a catcher. Bowser and four other members of the association conducted them. *438 The tryouts were held on April 9, 1983. Bowser asked for assistance in conducting the tryouts, and several members offered to help. Pursuant thereto, tryouts were to be held so that all youngsters would have an opportunity to make the team. ![]() In 1983, for the first time, it was determined that the association should field a "teener" team which would compete in a larger league. As commissioner, Bowser assisted with sign-ups, making up team rosters, representing the association at league games and interpreting the rules. He became a member of the association's board of directors in 1979, and in 1981 he became commissioner of the association's "teener" league for children between the ages of thirteen and fifteen. ![]() Bowser, the plaintiff and now appellant, was a former baseball player and coach. The Hershey Baseball Association is an unincorporated, non-profit association organized to provide a summer baseball program for youths and adults in Derry Township, Dauphin County. May a plaintiff who was struck by a batted baseball during team tryouts conducted under the auspices of an unincorporated, non-profit association recover damages against the association of which he was a member and on whose behalf he was conducting the tryouts? The trial court held there could be no recovery and entered a compulsory nonsuit which it subsequently refused to remove. Swartz and James Clippinger, Harrisburg, for O'Neill, appellee. Rubendall, II, Harrisburg, for Hershey, appellee. McIntyre, Harrisburg, for appellants.Ĭharles W. The HERSHEY BASEBALL ASSOCIATION, Appellee,
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