Turel v. Milberg

10 Misc. 2d 141, 169 N.Y.S.2d 955, 1957 N.Y. Misc. LEXIS 2264

• Court: Appellate Terms of the Supreme Court of New York
• Decided: October 31, 1957
• Status: Published

Opinion

Per Curiam.

Plaintiff was playing golf at the Elmwood Country Club in a foursome with defendant and two others and was struck by a golf ball hit by defendant. Defendant’s liability is predicated on his failure to shout ‘" fore ” before hitting the golf ball. Plaintiff assumed the risk inherent in playing golf. Well aware of this he testified ‘ ‘ no one can tell with certainty when he hits a hall where it is going ’ Since plaintiff himself saw defendant “ about to swing” and actually saw him take the swing, defendant’s shouting “ fore ” could have made no difference.

The judgment should be reversed, with costs, and complaint dismissed, with costs.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.