Byron v. St. George Swimming Club, Inc.

The accident happened when plaintiff, a paying customer of the defendant swimming club, dove into a part of the pool especially maintained by the defendant for diving, without knowledge of the presence of a swimmer underneath the surface of the water. At the end of the dive she struck her head upon the swimmer and received the injuries of which she complains. Evidence that the swimmer was in that part of the pool reserved for divers with the consent of defendant’s lifeguard and admissions of defendant made upon examination before trial that the uniform custom and practice of the defendant in…