Hudson v. Craft

33 Cal. 2d 654, 204 P.2d 1 (1949)

 

RULE:

A promoter is liable when he conducts boxing matches or prize fights without a license and in violation of statutory provisions, regardless of the rights as between the contestants. The consent of the combatants does not relieve him of that liability.

FACTS:

Plaintiffs' complaint alleged that defendants were conducting a carnival where one of the concessions consisted of boxing exhibitions. The exhibitions were alleged to be  in violation the Cal. Bus. & Prof. Code, in that defendants did not obtain a license for the boxing bouts, nor did they conduct the bouts in accordance with the state's regulatory agency. Plaintiff minor was solicited to participate in a boxing match and suffered personal injuries during the bout. The minor filed an action for damages for personal injuries sustained in a prize fight, allegedly in violation of Cal. Penal Code § 412. The trial court sustained defendants' demurrer and dismissed plaintiffs' suit. 

ISSUE:

Is a promoter liable for injury caused to participants of an illegal event?

ANSWER:

Yes

CONCLUSION:

The court held that plaintiffs' complaint clearly alleged that defendants wholly disregarded the prize fight and boxing regulations, whether found in the statutes or the commission's rules. Thus, after applying the rule of liberal construction, the complaint sufficiently apprised defendants of the issues to be met in the suit.

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