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[Download] "Winter v. Industrial Accident Commission and Stockton Golf and Country Club" by Third Appellate District District Court Of Appeal Of California * Book PDF Kindle ePub Free

Winter v. Industrial Accident Commission and Stockton Golf and Country Club

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eBook details

  • Title: Winter v. Industrial Accident Commission and Stockton Golf and Country Club
  • Author : Third Appellate District District Court Of Appeal Of California
  • Release Date : January 23, 1954
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 78 KB

Description

There is no dispute as to the following facts: The Stockton Golf and Country Club maintains a golf course for the use of its members. Petitioner was working as a caddy, performing the usual duties of that employment. Petitioner worked during the 1952 summer vacation under a work permit granted by the proper authorities. Usually he reported at the club about 9 a. m. each day, signed his name on a sheet of paper, and waited until he was called by the caddy master. On call he would go out on the golf course with a designated player who, when the round was finished, would pay him whatever he deemed the services were worth. After he had done some caddying he learned that caddies were permitted to play golf on Mondays on the golf course and he asked and received permission from the caddy master to do this. On Mondays the club members generally did not play, and the only regular employees present on the club grounds were those who cared for the grounds. The clubhouse and professional shop were closed, and, speaking generally, it was a day off at the club. A few members sometimes appeared and played. It was on this day off that caddies who had caddied long enough to learn something about the game were permitted to use the club course. On such occasions they furnished their own clubs and balls. Playing of the course by the caddies under the permission of the club had for some time been a custom prevailing at the club and generally most of the caddies used the privilege. Play by the caddies was not required as a condition of employment, they could play or not as they chose. On a day while petitioner was so playing the course he was hit in the eye by a ball played by another caddy. The play of the caddies was not supervised in the sense that anyone watched or controlled the play. We take judicial notice of the following: Golf is played nationwide and is one of the popular games of our people. The game receives constant publicity in the sports columns of our newspapers and magazines and those who excel at it receive as much public acclaim as do the heroes of baseball and football. The games greatest and most publicized players are usually professionals who learned the game as caddies. The game is played and can only be played on courses maintained at great expense by the members, in the case of private courses, or by considerable fees charged by the public courses for the privilege of play. Considering the propensities of youth, the privilege of free play on a golf course would be eagerly sought and gratefully exercised by boys of petitioners age.


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