Kelly v. Forester

MILLIKEN, Judge.

This is an action for $16,200 damages for personal injuries caused by the alleged negligence of the appellee, Forester. The appellant, Kelly, brought suit against Forester, and at the close of Kelly’s evidence Forester’s motion for a directed verdict was sustained, and, after Kelly’s motion for a new trial was overruled, he appealed the judgment.

Dan M. Kelly, Jr., and Clarence Forester were playing golf together at the Harlan Country Club on July 22, 1956. They finished playing the fourth hole and proceeded to the fifth tee. Kelly’s drive was down the middle but Forester was…