Schmidt v. Orton

The plaintiff, Jerry Schmidt, was injured when struck by a golf ball at Holmes - Park Public Golf Course in Lincoln, Nebraska, on June 26, 1970. The jury returned a verdict in the amount of $8,500 against both defendants. They appeal. The issue is whether the evidence is sufficient to sustain the judgment against one or both defendants.

The plaintiff and the defendant Kenneth Orton were *258playing with a foursome which had commenced play at around 12:30 p.m. The defendant Udo Jansen was playing with a foursome immediately behind the plaintiff’s foursome. The accident happened on the 13th hole…