GOLFERS AT LAW

Dominion, Volume 28, Issue 113, 6 February 1935, Page 6

GOLFERS AT LAW

Player Who Lost Eye Sues Club-mate £5OO DAMAGES CLAIM When on October 7 last Ernest Edward Edwards, a Wellington hardware assistant, was playing golf on the Manor Park links he was struck in the eye by a ball driven by Miss Beatrice Mehaffey. Yesterday, with his injured eye replaced, by a glass one, he appeared in the Magistrate’s Court, Wellington, to claim from Miss Mehaffey damages totalling £5OO. Hearing of the case was unfinished last evening and it will be continued on Friday. Counsel for Edwards was Mr. J. B. Callan, K.U., and for the defendant, Mr. H. F. O’Leary. Mr. E. Cage, S.M., was on tlie bench. He and defendant were members of the Manor Park Golf Club, said Edwards in his statement of claim. At the time of the accident they were playing there at holes the fairway of which adpoined. 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), in failing to give a timely warning of her intention to play the shot. . o , . Together with 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 £47/13/- special damages for hospital, medical and surgical expenses and £452/7/- general damages. Cries of “Fore.” Edwards and a friend had just driven off the number one tee when Miss Mehaffey was driving off on the ladles seventh hole, which was tlie men’s eighteenth, said Mr. Callon. No warning was heard by Edwards until practically coincident with the ball hitting him. 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 were about a hundred yards between them. Edwards was struck just as he arrived to play his own ball. His glass eye cost him 10/-. He was a window-dresser and was inconvenienced by having only one eye. When giving evidence, Edwards was asked by Mr. Callan how his drooping eyelid affected his value as a shopassistant. “Quite a lot,” was the reply. Edwards remarked that his golf and tennis were greatly affected also. “Not in Sight.” Summarising the defence, Mr. O’Leary submitted: (1) 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 had'pulled his shot on. to her fairway, putting the obligation on to himself to keep a look-out and see that all was clear. (4) 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 said she looked down the fairway before playing her shot an<J saw ndibody 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 first of the witnesses, called for the defence.