Druding v. Philadelphia

Opinion by

Mr. Justice Bell,

Plaintiff sued in trespass for personal injuries; recovered a verdict in the amount of $12,500; the defendant’s motion for judgment n.o.v. was dismissed by the *203Court en banc; judgment was entered on the verdict in favor of plaintiff, and from such judgment defendant appeals.

On the evening of July 24, 1951, at approximately 8 p.m., plaintiff, aged 42, went to the Greenwich Recreation Center at 3rd and Shunk Streets, Philadelphia, where the City maintained and operated a public swimming pool. It was a very hot night and Druding asked the attendant whether he could…