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Cushman Trophy Model CUSHMAN TROPHY MODEL. New four-wheel electric, offering the smoothest, most stable ride on the golf course. Automotive-type front wheel suspension and shock absorbers. Standard features include tilt-up fiberglas body, 9.50 x 8 tires, automotive steering, automatic seat brake, and others. Truly the most luxurious golf car ever! CHOOSE NOW FROM THE COUNTRY'S BIGGEST SELECTION OF GOLF CARS CUSHMAN GOLF CARS FOR 1965 Your choice of • Three wheels or* four ... • Gas or electric power ... • Automotive or tiller bar steering! Which one fits your needs? CUSHMAN MOTORS free! New full color booklet illustrating all 905 N. 21st Street. Lincoln, Nebraska Cushman Golf Cars, showing features, complete Please send me your new free golf car booklet. details. Mail the coupon today for your free copy! I'm particularly interested in the Model. Name CUSHMAN MOTORS Address "the big name in little wheels" City State A Division of Outboard Marine Corporation • Lincoln, Nebraska Beyond Due Care Requirement Act of God as to make a person guilty of a negligent act liable. The Court stated in part: "Several ex- No Negligence Involved pert witnesses testified concerning light- ning and its effects. The consensus of When Sheltered Golfer their testimony seems to be that, all other things being equal, lightning would tend Is Hit by Lightning to strike a person, building, tree or any other object in open country,, where the person, building, tree or object By WILLIAM JABINE is higher than the surrounding ground Caught in a thunderstorm while play- The experts further agreed that there ing golf on a course in Tennessee, a 16- is nothing that can be done to pre- year-old boy and a 14-year-old girl sought vent lightning from striking, but that the protection in a shelter near the 16th damage done can be minimized by en- green. The boy left the shelter briefly in closing a structure in metallic conductors order to cover which will ground the electric current. their golf clubs What Is An Average Hazard? left in a cart. As , , c. "H. M. Scull, a professor at the Uni- he was return- Le9a/ versity of Tennessee, stated that the ing, the shelter If shelter was more than an average' haz- was struck by ard because of its location. No effort lightning. The was made to define an average' hazard. girl was seriously injured and the boy "W. E. Deeds, also a professor at the rendered unconscious. Damage done to University of Tennessee, testified that the shelter (an open wooden structure the chance of a person being struck and with a gabled roof whose peak was about injured by lightning while in the shelter 10 feet above ground level) was negli- was less than that of being struck and gible. injured while standing in the open or Action charging negligence was brought on a golf tee. In either instance, the haz- by the injured girl and her father against ard was caused by being in the open the club that owned the course. Their and h,gher than the surrounding ground complaints alleged that the club was negli- Admitting that the possibility of the gent on two counts. First, the shelter had weather shelter being struck by light- been built in an exposed position higher ning, because of its location, was more than the ground immediately surround- than an average' hazard, it would still ing it,, thus creating a hazardous and be very remote as shown by the infre dangerous place as regards lightning. Sec- quency of lightning striking the innu- ond, the club had failed to provide light- merable objects meeting the test of being ning protection equipment for the shel- in the open and being higher than the ter. surroundmg ground. In the present case The trial of the two cases resulted in there was higher ground only 87 fee jury verdicts of $25,000 each in favor of away,, yet, lightning struck the shelter " the father and daughter. On a defense (An engineering drawing introduced as motion the court set aside the verdicts. ev,deuce showed that the ground cleva The plaintiffs then moved for a new trial ion of the 16th tee, 87 feet away was 7 and these motions were denied. An ap- feet 6 inches higher than the shelter) peal of the plaintiffs was taken to the Danger Is Remote Court of Appeals of Tennessee. After quoting from cases that referred Combined with Act of God to the inevitability of lightning, he Court After reciting the facts and stating that concluded: «In our opinion, after insider a lightning stroke is recognized by the courts as an Act of God, the Court of ('V1( (;n0e in case in ChZ Appeals quoted from two cases that held most favorable to the plaintiffs, the only negligence may be so combined with an reasonable conclusion to which fat minded men can arrive is that the danger WORLD'S MOST LUXURIOUS GOLF BAGS! just s H IN YOUR SHOP AND WATCH THE "STATUS-FIRSTS" FOR THEM! Made by Mexico's Largest manufacturer (U. S. Citizen) of world's most luxurious golf bags. NATIONALLY ADVERTISED IN LEADING CLUB MAGAZINES Qualified distributors wanted throughout the U.S.A. to call on pro shops and country clubs. AZTEC EXCLUSIVE DUAL GUARANTEE TERRITORIES The individually styled Aztec NOW OPEN! bag carries a lifetime guarantee against defects of craftsman- ship or material. NOTHING FINER MADE Special deep 24" x A" pocket • Takes a Mexican Leather crafts- man 18 days to make! for accessories and necessities, full length zipper, rain drain! • Finest quality saddle leather, all Round or Oval hand-fashioned, hand-tooledl • All leather lined! Five colors: Sun Tan, Chestnut Brown, Natural, Aztec Maroon, • Detachable zippered hood—lock- Obsidian Black! ed for protection! IMMEDIATE DELIVERY! • Double zippered pocket for balls Write — Wire or 'Phone and teesl Mexico's Finest Imported Golf Bag AZTEC GOLF BAG MFG. CO. of MEXICO U.S. Office-4117-53rd Ave. South, St. Petersburg, Florida 33711 'PHONE 867-3554 Watch the world's golf greats { battle on TV every Sunday! • • — —— " - mm> SB KB ~ - ^' , , ^ _ r*±? ' 3 11 exciting matches starting Jan. 17 on ABC-TV in color Shell's Wonderful World of Golf is back again! It features thrilling matchcs between the game's top golfers over some of the most beautiful, and toughest, courses around the world. A different match, a different country, a different course every week. Cut out the schedule for future reference... you won't want to miss a single match! SCHEDULE "SHELL'S WONDERFUL WORLD OF GOLF" BROADCAST PLAYERS LOCATION DATE Dave Marr Bernard Hunt Sunningdale Golf Club (England) Jan. 17 Barbara Romack Isa Goldschmid Monte Carlo Golf Club (Monaco) Jan. 24 Tony Lema Carl Poulsen Rungsted Golf Klub (Denmark) Jan. 31 Jay Hebert Friedel Schmaderer Hamburg Golf Club (Germany) Feb. 7 Juan Rodriguez Tommy Jacobs Lyford Cay Club (Nassau) Feb. 14 Ben Hogan Sam Snead Houston Country Club (U.S.A.) Feb. 21 George Knudson Al Balding Cape Breton Highlands (Nova Scotia) Feb. 28 Joe Carr Al Geiberger Killarney Golf Club (Ireland) Mar. 7 Johnny Pott Roberto De Vicenzo Maracaibo Country Club (Venezuela) Mar. 14 Phil Rodgers Alfonso Angelini Villa d'Este Golf Club (Italy) Mar. 21 Marley Spearman Marilynn Smith Luxemburg Golf Club (Luxemburg) Mar. 28 Shell's Wonderful World of Golf Sundays, ABC-TV, 4 PM EST. 3 PM CST, 2 PM MST, 4 PM PST • In Canada... CBC-TV, Sundays, 3:30-4:30 EST of a shelter being struck by lightning is that a club is engaging in business if the so remote as to be beyond the require- percentage of gross receipts from the gen- ment of due care. Therefore, the injuries eral public is five per cent or less of the and damages of the plaintiffs were not club's total annual gross receipts. caused in whole or in part by any negli- Members' Guests Excluded gence of the defendants. Bare possibility Club members, their bona fide guests is not sufficient. "Events too remote to and visitors who are members of other require reasonable provision need not be exempt clubs and use the club's facilities anticipated.' Brady v. Southern R. Co., under reciprocal arrangements are ex- 320 U.S. 476,64 S. Ct. 232,88 L. Ed. cluded from the definition of general 239." public. When club facilities are made The action of the trial court in dis- available to an outside group through ar- missing the plaintiffs' complaints and rangements made in a member's name, holding the club blameless for the un- the persons comprising the group do not fortunate accident was affirmed. The constitute bona fide guests. This is so re- plaintiffs attempted to take the case to gardless whether arrangements were made the Supreme Court of Tennessee, but a for the convenience of members, the club writ of certioari was denied. (Davis v. derived no net profit from the operation, Country Club, Inc., 381 S. W. 2nd 308.) the outside group was a non-profit organ- ization, or the club in no way advertised USGA Counsel Clarifies for or solicited such patronage by the Revenue Ruling Covering outside group. Use of Club by Public However, if it can be shown that 75 per cent or more of the total number of Lynford Lardner, Jr., general counsel persons in the outside group were mem- of the USGA, has announced that the In- bers of the host club, the group will be ternal Revenue Service has issued a new considered a member group and no part revenue procedure (64-36), to be used in of such group will be considered the gen- determining what effect gross receipts eral public.
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