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Fenton v. Quaboag Country Club

Massachusetts Supreme Judicial Court
233 N.E.2d 216 (1968)


Facts

John and Miriam Fenton (plaintiffs) bought a house on a golf course owned by Quaboag Country Club (defendant). The Fentons did not play or know anything about golf. Players from the golf course hit hundreds of balls onto the Fentons’ property, causing damage to the house and generally annoying the Fentons. One errant golf ball hit the Fentons’ dog. The Fentons sued Quaboag. A master ruled that the golf balls constituted a nuisance and trespass. The master awarded the Fentons $38.50 for broken windows, $2,250 for loss in market value of their property, and $2,650 as compensation for the nuisance. Further, the trial court issued an injunction enjoining Quaboag from continuing to operate the golf course in a way that would result in any more golf balls trespassing on the Fentons’ property. Quaboag appealed.

Rule of Law

Issue

Holding and Reasoning (Reardon, J.)

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