Hennessey v. Pyne

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an off-property victim injured by potentially dangerous activity on adjacent property was entitled to. a jury trial on the negligence claim
• holding that an off-property victim injured by potentially dangerous activity on adjacent property was entitled to a jury trial on the negligence claim
• reasoning that, although plaintiff was aware of the general risk involved in being struck by stray golf balls anytime she ventured outside her condominium in playable weather, the evidence did not indicate that she was aware of this particular risk at the time she was struck
• jury question whether homeowner voluntarily assumed risk of injury of golf ball when there was no reasonable alternative course of conduct to exercise her privilege of using her backyard.
• assault is a physical act of a threatening nature or an offer of corporal injury; battery requires either intent or a willful setting in motion of a force that ordinarily causes injury

Source: CourtListener parenthetical corpus (CC0).