Wegener

While playing golf on a miniature course in Burlingame operated by the defendant, the plaintiff, Mrs. Wegener, fell and fractured a bone in her foot. On account of said injury she brought this action for damages, in which her husband joined. The trial court sitting without a jury found that there was a failure to establish any negligence on the part of defendant, and from'the judgment entered pursuant to said finding plaintiffs prosecute this appeal. There is no dispute about the law of the ease, the sole ground urged for reversal being insufficiency of the evidence.

The accident happened about 8 o’clock in the evening. Mrs. Wegener, at the time, was walking along a concrete strip fifteen inches wide adjacent to the fairway leading to the fifth hole. The fairway from the tee at one end to the green at the other was fifty feet long, four feet six inches wide, and laid with felt three-eighths of an inch thick. To prevent the ball from leaving the fairway and the green, a concrete strip fifteen inches wide was built along the sides of the fairway and around the green, on an even grade therewith, but two inches above the level thereof. An archway was built across the fairway midway…