Legal Opinion
Mish v. Elks Country Club
Pennsylvania Court of Common Pleas, Somerset County
Decided June 22, 1983No. 294 Civil 1982PublishedCited by 3 opinions
1Opinion of the Court
SHAULIS, J.,
Plaintiffs, husband and wife, are the owners of property situated in Conemaugh Township, Somerset County, Pa. Said real estate contains a residential dwelling thereon. This home is located adjacent to the fairway of the first hole of the golf course owned by defendant.
Allegedly, a protective netting1 was erected and visible on the golf course when plaintiffs purchased their property in 1974. This netting protected plaintiffs’ land from errant golf balls. Over the years, the netting has deteriorated to the point where it is no longer effective so that golf balls now come onto…
2Cases cited11 opinions
- Gray v. Phila. & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1926
- Sans v. Ramsey Golf & Country Club, Inc.Supreme Court of New Jersey · 1959
- Nussbaum v. LacopoNew York Court of Appeals · 1970
- Erie v. Gulf Oil CorporationSupreme Court of Pennsylvania · 1959
- Burr v. Adam Eidemiller, Inc.Supreme Court of Pennsylvania · 1956
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3Cited by3 opinions
- DeSarno v. Jam Golf Management, LLCCourt of Appeals of Georgia · 2008
- RDC Melanie Dr. v. EppardCourt of Appeals of Maryland · 2021
- Chase v. Eldred BoroughCommonwealth Court of Pennsylvania · 2006