Sims v. Willoughby

Deen, Presiding Judge.

Ken Willoughby and his parents brought suit against Jane and A. W. Sims for injuries sustained by him when he dived into a swimming pool owned by appellants. The record shows that Ken had been acquainted with Mr. Sims for approximately three years and from time to time had visited the Sims residence and had swum in their pool on several occasions. On the evening in question, eighteen-year-old Ken, who had recently graduated from high school, arrived at the Sims home with the Simses’ nephew, Eddie Sims. The young men had a bottle of whiskey, ice, and cokes in their car.…