Nussbaum v. Lacopo

265 N.E.2d 762 (1970)

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Nature of the Case

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Facts

P's home sits on land abutting the thirteenth hole of the defendant country club. Between P's patio and the thirteenth fairway are approximately 20 to 30 feet of rough, and located in that golfer's no-man's land is a natural barrier of 45- to 60-foot-high trees. The direct and proper line of flight from the tee to the green was at a substantial angle to the right of the property line and the rough. It was far to the right of the P's property line and patio, and it was not a 'dog leg.' Lacopo (D), a trespasser on the golf course, struck a ball from the thirteenth tee that 'hooked' and crossed over into the area of P's patio and hit P. D did not see P and did not shout, 'Fore!' P sued Ds and the complaint was dismissed. The appeals court affirmed and P appealed.