GOLFER’S LIABILITIES.

Manawatu Standard, Volume XLVII, Issue 122, 21 April 1927, Page 2

GOLFER’S LIABILITIES.

BALL BREAKS WIND-SCREEN

JUDGMENT AGAINST PLAYER

“In the case of the high road or a public path alongside or across a golf course tho liability is obvious,” said Deputy Judge Ross-Brown, K.C., at Westminster County Court recently, When he gave judgment against a golfer for damage to a motor-lorry.

Stanley Carter,the motor-lorry driver, seated that he was two miles past Henley, on the Maidenhead Road, when a golf ball came through the wind-screen of the vehicle. Mr L. H. Pell, of the Guards’ Club, came up, admitted that it was his ball, and expressed regret. The damage cost 30s to repair and this amount was claimed by the repairers from Mr. Pell, who wrote: “I am advised that recent Court decisions release me from liability.” Mr John Russell, for the repairers, said that this was the first time the present point had come before the courte. The previous cases concerning damage by golf balls were of a different nature, in that the publio highway was not the scene. A Judge at Cheltenham recently gave a decision against a motorist claimant, but that was because the car had been driven on the common where golf was being played. Another case was that in which a girl was hit by a golf ball when she was crossing a path, and the golfer succeeded in the action because the path was under the control of the golf club of St. Andrews.

“In the present cases,” said Mr Rus-sell,-“a point is raised which affects a large number of people, users of the public highway, and as it has never been decided before, I ask for costs on the higher scale.’.’ There was no appearance by or on behalf of Mr.Pell. Deputy Judge Ross-Brown gave judgment for the amount claimed, with costs.