Seligson v. Victory Pool, Inc.

The action is in negligence.- The defendant operated a public swimming pool; the infant plaintiff was a patron; she was accompanied by a friend; they paid their admission fee; they entered at 10:00 a.m. and spent some time on the beach; about 1:00 p.m. they entered the pool; about 4:00 p.m. the infant plaintiff met with an accident; her foot was injured by being cut due to a broken bottle on the bottom of the pool.

*1069Bottled beverages were sold in the vicinity of the pool; there is no proof as to who threw in the broken bottle, nor how long it remained in the pool.

The defendant had two…