Legal Opinion · Dissent

Johnston v. Blanchard

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1949Published

1DissentVan Voorhis, J.

Plaintiff testified that, playing in a threesome, he went to look for defendant’s golf ball which had been lost in the rough, but that it was found when plaintiff was between 50 and 100 feet away from defendant. Then plaintiff went to look for the ball of the third player, nearer to the next green, which was found also. Plaintiff knew that under the etiquette of the game defendant had the next play, his ball being farthest from the next hole. It thus appears from plaintiff’s own testimony that he knew where defendant was, knew that the latter was likely to swing, and plaintiff testified that…

2Cases cited7 opinions

  1. Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
  2. Ingersoll v. Onondaga Hockey Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1935
  3. Benjamin v. NernbergSuperior Court of Pennsylvania · 1931
  4. Stober v. EmbryCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Lumsden v. L. A. Thompson Scenic Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909

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