Nussbaum v. Lacopo
Court of Appeals of New York
265 N.E.2d 762 (1970)
Relevant factsFree
Lacopo hooked a tee shot through 20 to 30 feet of densely treed rough into Nussbaum's neighboring patio without seeing him or yelling "Fore!"; Nussbaum, proceeding solely on the theory that Lacopo's silence was negligent rather than challenging the shot itself, offered no evidence the shot was negligently struck, and the trial court dismissed at the close of his case.
IssueFree
Whether a duty to warn arises absent a reasonably foreseeable danger resulting from the natural and probable consequences of a person's conduct.