On June 1, 1887 — The Louisville Colonels were playing in Philadelphia against the Athletics when Lave Cross batted out of order and made outs in the second and fifth innings. In the seventh, he singled and this time Philadelphia pointed out that he was not the proper batter. However, Ned Cuthbert, the umpire ruled that since he had been allowed to bat out of order twice, that the protest was denied. There was nothing in the rule of the time that allowed for that ruling.

 


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Sources:

Retrosheet