Public-domain · open source
OpenJurist

10 Misc. 2d 141

Turel v. Milberg

Appellate Terms of the Supreme Court of New York · decided 1957-10-31

Cited by 4 later decisions — most recently May 1972

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1957-10-31

View the full empirical analysis of this case →

Per Curiam.

¶1Plaintiff 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 *142aware 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.

¶2The judgment should be reversed, with costs, and complaint dismissed, with costs.

¶3Hofstadter, Aurelio and Tilzer, JJ., concur.

¶4Judgment reversed, etc.

/10/misc2d/141 · .json · Public domain