Neumann v. Shlansky
Westchester County Court
294 N.Y.S.2d 628 (1968)
- Written by Sean Carroll, JD
Facts
The defendant was playing golf at the Harrison Country Club when his tee shot hit the plaintiff, causing injury. The plaintiff brought a negligence suit against the defendant. The defendant was 11 years old at the time of the incident but had taken golf lessons and was playing golf approximately two or three times per week when the incident occurred. The defendant was a good golfer for his age and, indeed, could play better than some adults. The Westchester County Court instructed the jury that the defendant should be held to the standard of care of an adult. The jury found in favor of the plaintiff. The defendant filed a motion to set aside the verdict.
Rule of Law
Issue
Holding and Reasoning (Marbach, J.)
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