Legal Opinion
Esposito v. St. George Swimming Club, Inc.
City of New York Municipal Court
Decided March 15, 1932PublishedCited by 2 opinions
1Opinion of the Court
Lewis, David C., J.
The defendant conducts a public indoor swimming pool, equipped with a high diving platform and spring board at an elevation of ten feet.
On April 4, 1930, the plaintiff purchased admission, and, after entering the pool, sought to avail himself of this apparatus. He mounted the high diving platform and dove off the board into the pool. Before he could entirely emerge from beneath the water’s surface, another patron, "without warning, dove from the same board.
The plunging body of the second diver struck the plaintiff on the head and injured him.
The plaintiff attributes this…
2Cases cited18 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pauline Des Isles, Formerly Known as Pauline M. Dinsmore v. Harry Evans and I. Evans, D/B/A Sea Gull Pool & Cabana ClubCourt of Appeals for the Fifth Circuit · 1955
- Manganello v. Permastone, Inc.Court of Appeals of North Carolina · 1976