TANNEHILL v. TERRY

No. 9154.

11 Utah 2d 368 (1961)

359 P.2d 911

LEO I. TANNEHILL, PLAINTIFF AND APPELLANT, v. LEWIS N. TERRY, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

March 3, 1961.


Attorney(s) appearing for the Case

Rawlings, Wallace, Roberts & Black, Salt Lake City, for appellant.

Hurd, Bayle & Hurd, Wallace R. Lauchnor, Salt Lake City, for respondent.


McDONOUGH, Justice.

Plaintiff Tannehill brought this appeal from a jury verdict, and judgment on the verdict, of no cause of action in his suit against defendant Terry for damages caused when plaintiff was struck in the head by a golf club that was swung by defendant. The issue raised in this appeal is whether or not the trial court erred in submitting assumption of risk to the jury.

Plaintiff and his wife went to defendant's home Sunday, May 4, 1958, to visit...

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