Nussbaum v. Lacopo

Bergan, J. (dissenting).

While reading a newspaper on the patio of his home on Sunday, June 30, 1963, plaintiff Wilbur Nussbaum was struck by a golf ball driven by defendant Paul Lacopo from the course of defendant Piandome Country Club, Inc., which adjoins plaintiff’s property.

Plaintiff suffered a concussion of the brain and other residual injuries and was hospitalized four weeks. The complaint was dismissed at the end of plaintiff’s case for failure to establish prima facie that his injury was due to the negligence of either defendant.

The line dividing plaintiff’s property and the golf…