Spoltore v. Gilbert

Fullam, J.,

Plaintiff fell and was injured as he entered the locker room of defendant’s swimming pool, where he had been a paying patron. At the ensuing jury trial, a compulsory nonsuit was entered, and we now have for disposition plaintiff’s motion to remove it.

The accident occurred in the following manner: plaintiff, then 55 years of age, arrived at the defendant’s “Post Road Pool and Beach Club” in Morrisville at about 6 P. M. on June 20, 1960. He paid the required admission fee of $1.25, entered the locker room, changed into his bathing suit, proceeded to the pool area and engaged in…