Stevens v. Gallagher
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. M. I*. McKinley, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1921.
1Opinion of the CourtJustice Barnes
This is an action of civil trespass for assault and battery with a golf ball. Two of the counts of the declaration allege that the assault was wilful and malicious. At the close of plaintiff’s evidence, on defendant’s motion, the court directed a verdict for defendant. This appeal presents the question whether plaintiff’s evidence tended to make out a prima facie case.
Plaintiff was hit by a golf ball driven in play by defendant on a golf course maintained in a public park in Chicago while she was walking in a pathway just outside the golf grounds. Defendant was standing at the tee preparatory…
2Cases cited1 opinion
- Peters v. United States ex rel. KelleyCourt of Appeals for the Seventh Circuit · 1910
3Cited by2 opinions
- Korhorn v. SmithAppellate Court of Illinois · 1971
- Deming v. VendittiSupreme Court of Rhode Island · 1947