Metropolitan Park District v. Olympia Athletic Club, Inc.

(dissenting)—While I recognize that the authorities are divided on the question presented in this case (see note in 150 A.L.R. 277, quoted in the majority opinion), I cannot find in the language used in the letter written by the Olympia Athletic Club, when viewed in the light of the surrounding circumstances, an intention to insure the bleachers against any and all hazards whatever, regardless of negligence.

Respondents agree “to use every possible care in handling” the bleachers and to return them in the same condition as they received them. It seems to me that if it had been the intention of…