Curran

Plaintiff appeals from a judgment on a jury verdict in favor of defendant, Green Hills Country Club, in an action for personal injuries.

Facts

Prior to the time of the injury, appellant had been residing at 855 Hacienda Way in Millbrae for approximately two months. He had been an active member of Green Hills Country Club for several years and was familiar with the layout of the golf course, particularly the fifth hole which is immediately adjacent to appellant’s residence. Before appellant moved into this home, he himself on many occasions had hit golf balls over the property lines of adjacent homes, including the property now owned by him. At the time the accident occurred, there was a 6-foot high grape stake fence separating appellant’s property from respondent’s. When appellant purchased the home, he had some reservations concerning its safety. He spoke with members of respondent’s board of directors, who assured him that if he purchased the house, a fence would be erected so that he would be protected from golf balls. The protective fence was not in fact built until after the incident which caused appellant’s injury. Subsequent to the erection of the fence, a screen…