Allen v. Donath

875 S.W.2d 438 (1994)

Easton ALLEN, Appellant,

v.

Monroe DONATH, Appellee.

No. 10-93-237-CV.

Court of Appeals of Texas, Waco.

April 13, 1994.

Rehearing Denied May 11, 1994.

Stephen R. Fontaine, Sleeper Johnston Helm & Fontaine, Waco, for appellant.

Stephen G. Good, Kern & Wooley, Irving, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

CUMMINGS, Justice.

Easton Allen was injured when he was hit in the head by a golf ball—a "mulligan" shot by Monroe Donath. At trial, the parties disputed whether Donath announced his intention to hit a second tee shot. However, the jury failed to find…