Pierce v. Village of Ravena

I dissenfiand vote to affirm the judgment and order appealed from.

This is the second time that the plaintiff has had a verdict. When the case was first before us, we reversed on the ground that the verdict was against the weight of the evidence. Now it is proposed to reverse a second verdict in plaintiff’s favor, this time on the ground that an error was committed by the trial court in the reception of evidence as to the custom and practice of other municipalities in the engaging of lifeguards for their swimming pools. Aside from the duty of reasonable care in the maintenance and operation of…