Plaintiff was hit in the eye by a golf ball driven by defendant. He sued defendant on the ground of negligence. The jury brought in a verdict for defendant. From the judgment entered on that verdict plaintiff appeals. His contentions are that the trial court committed prejudicial error in sustaining an objection to a question asked of the witness McMurry, and in instructing the jury that if plaintiff knew that defendant was about to hit the ball defendant was under no duty to warn the plaintiff of that fact.
On July 21, 1955, plaintiff and defendant were members of a foursome engaged in a golf game on a municipal course. The plaintiff and his son were placed in that foursome with defendant and another man by the club starter. The group played 15 holes without incident. The 16th hole is a long one—530 yards—with a par 5. Defendant’s first shot from the 16th tee landed on the fairway, about 50 yards behind plaintiff’s. Plaintiff and his son waited for defendant to take his second shot. They stood about 40 to 45 feet from defendant, standing in back of him as he faced the ball. Respondent is a left-handed golfer. Plaintiff watched defendant at all times, and even made a comment about defendant’s choice of a Number 2 wood for his next shot. Defendant took a mighty swing and the ball went off on nearly a 90-degree angle from its intended line of flight and hit the plaintiff in the eye, seriously injuring him and causing the eye to be later removed.
Plaintiff’s son was standing beside plaintiff when he was hit. They both testified that they had watched defendant on the preceding 15 holes and had noted nothing unusual about his swing or his play. As far as they knew, the defendant had not hooked the ball on any of his prior shots. They estimated that the ball went off 80 to 95 degrees from the intended line of flight. No one actually saw the ball in flight because it was traveling too fast.
Defendant admitted that he had had infantile paralysis when he was young, but the disease had not impaired his arms or legs. His right arm is not quite as strong as his left. He *81 can walk on his right leg, but does not have full use of it. He has full use of his left leg. He has the full use of his right hand except for picking up small objects such as pins. He can grasp a golf club with this hand and can follow a stroke right through with his right arm all the way behind him. He had been playing golf for about two years and averages around 90 strokes for 18 holes. He never before had hooked a ball on a 90-degree angle, his worst prior hook shot being off line about 35 degrees. He had never hit anyone before. He did not tell anyone in the foursome that there was anything wrong with his right arm or leg. He swung at the ball very hard and has no idea why it went so badly off course.
Everett McMurry, a golf professional called by plaintiff, testified that the safest place for a person to stand while another person is playing a shot is directly back of the shooter and about 25 to 40 feet away. A shot as here described would be very “unusual,” or a “freak” shot. The witness had never seen such a shot in 29 years of playing golf.
Ralph Fry, another professional called by defendant, testified that, while a golf ball seldom goes exactly where the average player desires it to go, in 40 years of playing golf he had never seen such a shot, and, in fact, believed that such a shot would be “impossible” under any conditions. If such a shot happened it would not necessarily be the result of a physical deficiency.
On this evidence the jury brought in a verdict for the defendant, and plaintiff appeals.
Appellant’s first contention is that the trial court committed prejudicial error when it sustained an objection to the following question addressed to appellant’s expert McMurry: “Add onto the hypothetical question that I previously gave to you of the circumstances of this particular case, add to that the fact that the man who was swinging the golf club at age 18 months had an attack of infantile paralysis and that the residual effect from that attack left one arm weaker than the other, and the right leg weaker than the other, and that in his right hand, he had no feeling of touch, and cannot, for example, pick up pins, and that he does not have full touch in the right hand, has some strength in it, but not the same strength that he has in the left arm, and assume further that that individual strikes the ball which goes a 90 degrees different direction from that which he intended, would you form any opinion as to the cause for the ball going in that direction?”
*82 The trial court sustained respondent’s objection to this question, stating: “I believe that the answer to the question propounded would entail the knowledge of matters that are beyond the qualifications of this witness. I think there are medical aspects involved in answering that question, and he hasn’t been qualified as a medical man.”
Later appellant, in his cross-examination of Mr. Fry, asked a similar question which was, however, allowed by the court. This question was as follows: “Now, assume, for instance, however, the situation where a man has less strength in one arm than he has in the other; assume that he has no sense of touch in his right arm; assume that when he was a child at age eighteen months, he suffered an affliction of an attack of poliomyelitis, which left some residual effect upon him, and that that residual effect affected both his leg and both his arm; assuming further that he is left-handed and that the residual effect is in his right arm and in his right leg; assuming further that he strikes a golf ball in the position in which you were right here, and that the golf ball goes directly behind him a distance of 40 feet and hits a man in the eye, would you not conclude that the direct cause of that abnormal, freak occurrence was the physical deficiencies under which the golfer was playing?”
Mr. Fry replied that he could not answer that question “directly,” but that if such a shot occurred it would “not necessarily” be the result of a physical handicap; that “Anyone can hit a bail tremendously off line . . . and he would not have to necessarily be handicapped in any way in order to do so”; that such a shot normally just does not happen, and, in his opinion, it was “impossible for anyone to hit a golf ball at right angles for a distance of 40 feet with any kind of a golf club under any conditions.”
In close situations the admissibility of expert testimony is frequently a matter within the discretion of a trial court. In
Huffman
v.
Lindquist,
*83
In
Fall
v.
Coastwise Line,
Of course, the discretion conferred upon the trial court in such matters can be abused. Such an abuse was found in
Jones
v.
Johnston Testers, Inc.,
“ ‘It has long been recognized that expert testimony is not only proper but also virtually indispensable in eases where the relation between the facts and results may be understood only by those with special skill or training.’ [Citing a case.] That is the situation here. [Citing authorities.]
“The witness had disclosed sufficient knowledge of the subject to entitle his opinion to go to the jury. The purpose of the question was apparent. It is evident from the question itself and from the previous testimony of the witness that his answer would have been favorable to plaintiffs. No offer of proof was necessary. Where a question to which an objection is sustained indicates that the answer to it will be favorable to the party seeking to introduce the testimony and the question is a material one, it is not necessary to make an offer of proof. [Citing two cases.] ”
It is well settled that the testimony of an expert is admissible when such expert, because of his profession, or his
*84
peculiar skill and knowledge in some department of science not common to men in general, enables him to draw an inference where men in general would be left in doubt. (10 Cal.Jur. p. 958, § 217;
Wells Truckways, Ltd.
v.
Cebrian,
Even if the ruling were erroneous, the exclusion of this evidence could not have prejudiced appellant. The key issue was whether respondent knew or should have known, because of his physical condition, that there was danger that he might make such a shot so as to impose upon him a duty to warn bystanders. There was a failure of proof on that issue. Everyone concedes that on the first 15 holes defendant played a normal game. The evidence is to the effect that respondent had never before hooked or pulled a ball so badly. Never before had he made such a shot. If the jury had found that such an injury was foreseeable, where would there be one word of evidence to support such a finding? There is not one word of evidence that the residual effect of infantile paralysis in any way had ever affected respondent’s game.
The only other contention made by appellant is that the trial court erred in giving the following instruction: “If you find that the plaintiff knew that the defendant was about to strike the golf ball, there was no duty upon the defendant to make oral or audible warning of his intention to strike the ball because such a warning would have been superfluous.”
Appellant urges that telling the jury that, as a matter of law, defendant would not be liable if plaintiff knew defendant was about to hit the ball was error. The instruction was correct. While it is the general rule that whether there is
*85
a duty to warn of an intended golf shot is a question of fact
(Everett
v.
Goodwin,
In reference to a factual situation similar to the one here involved the court in
Walsh
v.
Machlin,
These and other cases establish the rule that, in golf, the person about to hit the ball is not required to give a warning to persons who know his intention, nor is he required to warn persons in a position that is not, reasonably, in a state of danger.
(Houston
v.
Escott,
The judgment appealed from is affirmed.
Bray, J., and Wood (Fred B.), J., concurred.