Burgess v. Jefferson

Harshbarger, Justice:

Judy Burgess sought damages for a foot injury she suffered when she stepped on a piece of glass from a broken window in her mobile home. She alleged a golf ball broke the window and that it came from defendants’ golf course that abuts the property where the home was situate. A Cabell County Circuit Court jury awarded her $10,000, which the trial judge set aside and entered judgment for defendants.

On July 23, 1974, she and her husband found a golf ball and broken window glass on their living room carpet. Mrs. Burgess removed the larger pieces of glass from the shag carpet…