Legal Opinion
Des Isles v. Evans
Court of Appeals for the Fifth Circuit
Decided December 17, 1952No. 14045_1PublishedCited by 50 opinions
1Opinion of the Court
RIVES, Circuit Judge.
This appeal is from a judgment dismissing the amended complaint upon the ground that it failed to state a cause of action upon which relief could be granted. The complaint charged that appellant was a paying patron of appellees’ swimming pool; that appellant dove from the low diving board and struck her head against a submerged swimmer, then swimming under water in the diving area of the pool, resulting in serious injuries.
The appellees are charged with negligence in the following particulars: a. in failing to maintain a lifeguard to prevent swimmers from entering “the…
2Cases cited12 opinions
- De Loach v. Crowley's, Inc.Court of Appeals for the Fifth Circuit · 1942
- Turlington v. Tampa Electric Co.Supreme Court of Florida · 1911
- Kohler v. JacobsCourt of Appeals for the Fifth Circuit · 1943
- Atlantic Coast Line R. Co. v. MimsCourt of Appeals for the Fifth Circuit · 1952
- Ide v. City of St. CloudSupreme Court of Florida · 1942
7 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- James N. Lewis v. George Brautigam, I. Ray Mills, Dayton Blackford and Thomas J. KellyCourt of Appeals for the Fifth Circuit · 1955
- Thomas Rachel v. State of GeorgiaCourt of Appeals for the Fifth Circuit · 1965
- Roberts v. WilliamsCourt of Appeals for the Fifth Circuit · 1971
- Norman Millet v. Godchaux Sugars, Inc.Court of Appeals for the Fifth Circuit · 1957
- Baldwin v. MorganCourt of Appeals for the Fifth Circuit · 1958
45 more not listed; retrieve them via the Exa API.