Alexander v. Wrenn

This action is to recover damages for personal injuries sustained when a golf ball driven by the defendant struck the plaintiff, impairing his sight. From a judgment approving a verdict for $5,000.00 the defendant obtained this writ of error.

The defense made in the trial court, and here repeated, was: (1) That the evidence fails to establish any breach of duty owing by the defendant to the plaintiff; (2) that the plaintiff was guilty of contributory negligence; (3) that the injury was the result of an assumed risk.

These contentions necessitate the examination of the evidence, which in view of…