STRUCK BY GOLF BALL

Press, Volume LXXI, Issue 21391, 6 February 1935, Page 12

STRUCK BY GOLF BALL

PLAYER LOSES AN EYE DAMAGES CLAIMED FROM WOiMAN (FRBSS ASSOCIATION TELIGEAM.) WELLINGTON, February 5. When on October 7 last Ernest Edward Edwards, a Wellington hardware assistant, was playing golf on the Manor Park links, he was struck on the eye by a ball driven by Miss Beatrice Mehaffey. To-day, with his injured eye replaced by a glass one, he appeared in the Magistrate's Court to claim from Miss Mehaffey damages totalling £SOO. The hearing of the case was unfinished this evening, and it will be continued on Friday. Counsel for Edwards was Mr J. B. Callan, K.C., and for defendant, Mr H. F. O'Leary. Mr E. Page, S.M., was on the bench. Edwards, in his statement of claim, said that he and defendant were members of the Manor Park Golf Club. Miss Mehaffey, it was alleged, played her ball so negligently that without having first touched the ground it struck and injured Edwards. It was contended that defendant's negligence consisted in (a) playing the ball while plaintiff was so situated that there was a reasonable prospect of it striking him, and (b) failing to give a timely warning of her intention to play the shot. Plaintiff's Case Together with the loss of the use of his left eye, the statement continued, plaintiff had suffered much pain and permanent disfigurement, in that the muscles of his left eyelid had ceased to function. He claimed £47 13s special damages for hospital, medical and surgical expenses, and £452 7s general damages. Mr Callan said that Edwards and a friend had just driven off the first tee when Miss Mehaffey was driving off on the ladies' seventh hole, which was the men's eighteenth. No warning was heard by Edwards practically until the ball hit him, when it was probably repeated more than once in a female voice. It was contended by plaintiff that the cry or cries of "Fore" were made by Miss Mehaffey only while her ball was in flight, and when she had realised that it might hit him. The ball was very definitely sliced. There was about 100 yards between them. Edwards was struck just as he arrived to play his own ball. His glass eye cost him 10s. He was a window dresser, and was inconvenienced by having only one eye. When he was giving evidence Edwards was asked by Mr Callan how his drooping eyelid affected his value as a shop assistant. "Quite a lot," was the reply. Edwai'ds said that his golf and tennis were greatly affected also. The Defence Summarising the defence, Mr O'Leary submitted: CI) That when Miss Mehaffey made her stroke Edwards was not in sight; <2) that he probably came up to the place where he eventually was when struck, when Miss Mehaffey was addressing her ball and was about to make her stroke; (3) that Edwards pulled his shot on to her fairway, putting the obligation on to himself to keep a look-out and see that all was clear, and (4) that on hearing the call of "Fore" he should have covered his head with his hands in the accustomed manner and not have looked up. In her evidence Miss Mehaffey said she looked down the fairway before playing her shot and saw nobody in sight She made her stroke and saw the ball hook to the left. Then she noticed Edwards bending down in the fairway. It appeared that the ball might reach him, so she called twice. She considered he had time to cover up and protect himself. At the time of the adjournment Miss Mehaffey was the only witness called for the defence.