Podvin v. Somerton Springs Swim Club, Inc.

Opinion by

Mr. Chief Justice Bell,

This is an appeal from a nonsuit. Podvin, a member of defendant club, brought an action in trespass to recover damages for injuries sustained by him while playing volleyball. The volleyball court was owned by defendant and was on its premises. Plaintiff wore sneakers; he was playing with five other players when the injury happened on August 30, 1958 at about 2:00 p.m.

Considering the testimony in the light most favorable to plaintiff, plaintiff testified: “Q. Will you tell us *385in your own words how the accident happened? A. Well, I was playing on the left court,…