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Property Law Keyed to Dukeminier
Popov v. Hayashi
Citation:
2002 WL 31833731Facts
Baseball player Barry Bonds hit a record-setting home-run ball during a game that received a great deal of attention. Alex Popov (plaintiff) and Patrick Hayashi (defendant) both attended the game and anticipated using their baseball gloves to catch a ball that came within their reach. When Bonds hit the ball that gave him his seventy-third home-run, the ball sailed into the crowd. Alex Popov was within trajectory of the ball, but was tackled by the crowd. Some people tackled Popov with the intention of taking the ball away from him. Popov was forced to the ground. Meanwhile, Hayashi, who was standing nearby and had committed no wrongful act, saw the loose ball on the ground and picked it up. Popov brought suit against Hayashi, arguing that he was the true owner of the baseball.
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