Chapter:Golf Course Accident

"A game of golf, which had rather serious consequences for one of the players, had an interesting sequel at Tullamore Circuit Court Thursday week, when Edward McCabe, Lansdowne Park, Portarlington claimed £300 damages against Mrs. Elsie O'Sullivan, Garryhinch,in respect of injuries sustained through her alleged negligence.
Mr. B. Fitzpatrick, B.L. (instructed by Mr. A. Rolleston, Solr.), was for the plaintiff; and Mr. B. Hannin, B.L. (instructed by Mr. V. E. Kirwan, Solr. for defendant.
The accident, Mr. Fitzpatrick explained occurred at a meeting of the Portarlington Golf Club on 31st May, 1941.Plaintiff stated he was a farmer and a member of the Portarlington Golf Club. On 31st May, 1941, he was playing in a game in which three partners started out. Mrs. Hogan being witness's partner. Defendant's partner was Mr. Hainsworth, the remaining couple consisting of two ladies. There was nothing eventful until they got to the sixth fairway.Witness played his stroke and his ball went to the extreme left, about 100 yards from the green. He then went to Mrs. Hogan and discussed the merits of her shot with her, and during the talk there was a noticeable rattle in her club. After a moment she put her hand on his arm and said:"Oh, mind" Mrs. O'Sullivan was about to play and he turned around to avoid her. The next thing was a "crack" on the mouth, which put him into semi-conscious condition. Later he was attended by Dr. Hogan. The denture in witness's mouth was broken, the blow driving it into his upper llip and jaw. The club first struck him on the chin. As a result of the injuries he spent a fortnight in hospital in Dublin, but he was now considerably better. From the time of the accident he was unable to do any work until October last.
Replying to the Judge, he said that while in the Richmond Hospital he was vomiting blood for two or three days, and he could eat nothing for a week. Having left hospital he went home for a week, after which he spent a fortnight in the Spa Hotel, Lucan.
Further examination, he said he had 174 acres of land. Some time after the accident he had a conversation with the defendant, who volunteered to pay for his "keep", and said she was at fault.
Plaintiff was cross-examined by Mr. Hannin as to how the accident occurred.
Are you an experienced golfer? -I have been playing for fourteen or
fifteen years.
I take it you know the rules, as well as the etiquette, of playing golf?
He agreed, in further cross-examination, that he walked with and talked to his lady partner without looking at the other competitors in the game. He did not break any of the rules of etiquette regarding the game.
On the Occasion of the accident he did not know that the defendant was going to play her shot, and it was up to her to tell him if he was in the way.

She must not have seen him before playing her shot.When asked if he had not been hit he would have apologised to Mrs.O'Sullivan, he replied: "I cannot answer that question".
Do you think it is her duty to proclaim to the wide world that she is going to take a shot? It is her duty to see that the coast is clear.
.The judge inquired in what way had there been negligence, and the wItness replied that he had no idea Mrs. O'Sullivan was behind him at the time. Mrs. Hogan said, "Mind! Mrs. O'Sullivan is going to play", and then he got the "crack". He could not possibly have avoided being hit. If he had known she was there he would not have got in the way.
Dr. W. Hogan said he examined plaintiff after the accident. Plaintiff was very shocked. His lips were swollen and he was bleeding a little. There was a deep cut on the inside of the upper lip and the upper denture was broken, and there were several cuts on the palate, around the gums. The natural teeth were shaken up and oozing a little blood. He had made a wonderful recovery.
At this stage Mr. Hannin asked for a direction on the question of negligence, but the Judge allowed the case to proceed.
Harold Hainsworth, secretary of the golf club, was examined. He said he played in the competition in question, his partner being Mrs. O'Sullivan. He saw defendant taking her stance at the ball, and at that time plaintiff was not within the swing of her club. With Mrs. Hogan he was walking towards her, being behind, and witness was in the act of shouting to them when Mrs. Hogan got a way from the danger and tried to pull plaintiff with her, but did not pull him far enough. .."
The court, however, ruled in favour of the defendant and the plaintiff's claim for damages failed.