I was struck on the head and I found myself on my knees and blood streaming down my face and Mr. Kane helped me by getting a wet hand-kerchief and the next thing, I was in the hospital. When the defendant took a practice swing behind the appellant, and without his knowledge, he was under a duty to do so in a manner that would not cause injury to his unsuspecting companion. Appellee contended that appellant assumed the risk of the injury which occurred. Viewing the evidence in the light most favorable to the party moved against, that defense was not applicable on the facts as they stood at the close of the plaintiff's case. Therefore, at the least, the question was one for the jury.
Voluntary exposure is the bedrock upon which the doctrine of assumed risk rests.
For the reasons stated we hold that the able trial judge was in error in directing a verdict for the defendant in this case. The judgment appealed from is reversed, and the cause is remanded for new trial. Reversed and remanded.