Strand

This is an appeal by plaintiff from a judgment of nonsuit in a personal injury action.

Facts

The facts are undisputed. At about noon on August 23, 1959, on the Willowick Public Golf Course in Santa Ana, California, the vision was clear, although there may have been a slight overcast. Plaintiff and defendant were then and there playing golf in separate foursomes on holes three and four, of which the fairways were parallel and adjacent but on which the play was in opposite directions. The line between the two fairways was marked by a double row of small trees but there is no evidence of the width of the rough. Plaintiff had been playing golf about once a week for 45 years but this was his first play on this course. He was 69 years of age. There is no direct evidence of the condition of his hearing. It was apparently normal. The same is true of his eyesight. Defendant had been playing golf 31 years, had had some previous play on this course and his hearing was apparently normal. His right eye vision was clouded by a cataract but his left eye vision was 20-20. There is no evidence of the presence of caddies with either foursome.

Plaintiff’s foursome was about midway between tee and…