34 Wash. 2d 403 - Berry v. Howe’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “You are instructed that in all of his conduct which might result in harm to other players, a golfer must exercise reasonable and ordinary care under the circumstances, and the other players likewise have the duty of exercising similar care for their own safety. Golf players must reasonably foresee the likelihood of injury to others from their driven golf balls and the other players must likewise reasonably foresee danger. It is the duty of a golf player in the exercise of ordinary care to give to another player timely and adequate warning of his intended drive if the other player is in a zone of danger and is not aware of such intention and if the one driving either knows or in the exercise of ordinary care under existing circumstances should know of such unawareness. The player who is driving must use ordinary care to observe whether another player is within the general direction of his drive, or is otherwise within a zone of danger if the ball should deviate from its intended course, and exercise ordinary care to see that he is adequately warned. The player who is driving is not an insurer of the safety of another player with reference to the balls he drives nor is he guilty of negligence merely because a ball driven by him deflects from its intended course, but he must have in mind the possibility of deflection and exercise reasonable care with reference to warning another player who is in the zone of danger.”

   1 later decision quote this exact passage
   e.g. 6 Wash. App. 885 - Wood v. Postelthwaite

2. ““In all of his conduct which might result in harm to the caddy the golfer must exercise reasonable and ordinary care under the circumstances, . . . Driven balls do not always travel in the straight course intended and frequently deflect to the right or left, and thus a rather extensive zone of danger may be created. ... “It is the duty of a golf player in the exercise of ordinary care to give to a caddy timely warning of his intended drive if the caddy is not aware of such intention, and the player either knows or by the exercise of ordinary care under the existing circumstances should know of such unawareness. He must use ordinary care to observe whether a caddy is within the general direction of his drive, or otherwise within a zone of danger, if the ball should deviate from its intended course, and exercise ordinary care to see that he is adequately warned.””

   1 later decision quote this exact passage
   e.g. McWilliams v. Parham