Phares v. Carr

Appellant, as plaintiff, brought this action to recover damages for personal injuries suffered by a blow from a golf club swung by a customer of the golf-driving range operated by appellees.

The issues were formed by a complaint charging negligence, an answer, and a reply thereto. These pleadings put into issue (1) the question of appellees’ duty to safeguard appellant against the hazard of persons swinging clubs outside the area provided for that purpose, and if there was such a duty whether appellees failed to exercise reasonable care with regard thereto; (2) whether such negligence was á…