Evening star., 1936-08-25
JUDGE 'OvERRULED'
By, NOTED LAWYER
Henry W. Taft Reviews Suit
of Bag-Toter Who Was
Struck by Ball.
BY GARDNER SOULE,
Associated Press Writer,

- Associated Press Writer,
TINE case of Brosko, caddie, vs..
Hetherington. a golf player,
comes into the news again.
u The lawsuit, tried during
the Summer Of 1882, in Delaware
County, Pa, is discussed by Henry w.
Taft, the New York lawyer and brother
of the late ex-President, William
Howard Taft, in the New York Law
journal
Brosko. was a faithful caddie. He
was not oHly faithful; he was un-
usually careful. He was so careful. IN
fact, that when his master addressed
the ball he would stand some 80 feet
to the right and not more than feet
In front of the tee.
Brosko couldn't see how any play
er, for whom he might happen to be
working, could possibly drive a ball
so as to hit him in that position. No
matter what contortions the player
used, such a feat seemed impossible.
Yet It happened. Brosko was hit by a
flying ball.
This was too much for the faithful
caddie. He didn't know whether
Hetherington was guilty of deliberate
maffce, of gross negligence, or OF
nothing at ALL So he sued. And the
trial Judge awarded the verdict to the
plaintiff.
SAYS Golf Has Its Risks.
THIS is where Mr.. Taft comes in.
He's been lawyer for some 40
years, and he's been playing golf that
long. That's why the editor of the
Law journal asked for his opinion
Mr.. Taft disagrees with the judge, and
the country may not be safe for cad
dies any longer If a higher judge ever
reverses the first decision to uphold
Mr. Taft.
It's maSterful and scholarly re-
view of the case-this opinion Of Mr.
Taft's. 1t assumes, in way, that golf
is a. dangerous sport and that caddy-
ing Is a dangerous occupation-like
lion tanning or deep-sea' diving. 1t as
sumes that, since the work is risky
and is known to be so, then 1t is a
matter of every caddie for himself.
First, Mr.. Taft defends all the golf
ers OF America who owe their skill to
natural ability or constant practice
rather than to bought paid-for
coaching
"You say" Mr.. Taft writes the edi-
tor. that the judge commented re-
provingly' upon the fact that the de-
fendant- had never taken lessons from
a professional If the judges reproof
implied that the failure to take les
sons from a professional was per Sc
negligence, it shows lack of familiar
ity with the history and practice Of the
game. When began to play the game,
there were few professionals and les
sons were rare
Who Can Judge Posture?
IF HETHERINGTON did use an
t.-.s.improper posture. and an "im-
proper swing" he was not necessarily
guilty of negligence, Mr.. Taft says. A
base ball batter would not be liable,
the lawyer opines. if he knocked a
pitched ball which hit the first or
third baseman: nor would polo play
er be responsible if he drove ball
in such a way that it smote another
player, Not even, if in other cases,
Improper postures" were used.
Anyway, asks Mr.. Taft, who is to
say what is correct posture?
Equally skilled golfers assume a
variety of postures," he continues.
"Some players spread their legs wide
apart, some place them close together,
some stand pigeon-toed, some slant
their toes outward and some stand
straight, while others lean over. But
from these varying postures -(however
unorthodoK they may be- good results
are obtained. 80
,4The Bresko case involves the in
teresting> question as to when mod
crate skill (Which is all that 95 per
cent of players have) or lapse from
perfect performance (Which every
body is frequently guilty of amounts
to negligence. Lack of skill may
amount to negligence, but in game
where departures from perfect prac-
tice are 50 common and result in so
many risks, that can only occur in
an extreme case"