Berry v. Howe

This action was brought by Gene Berry, a minor, acting through Lloyd M. Berry, his guardian ad litem, against David Howe to recover damages as the result of being struck by a golf ball driven by the defendant. A trial was had before a jury and a verdict was returned in favor of the defendant. Judgment was entered dismissing the action. The plaintiff has taken this appeal. We shall refer to the minor as though he were the sole appellant.

The theory upon which the action was brought was that the respondent was negligent in that he drove a golf ball in a careless and imprudent manner, off the…