Robert J. Cleary, by His Father and Next Friend, Mike Cleary, Sr. v. Indiana Beach, Inc., a Corporation

MERCER, District Judge.

Plaintiff, while visiting friends at a resort operated by defendant, was seriously and tragically injured when he dived from a pier, maintained in conjunction with defendant’s beach, into approximately two and one-half feet of water. He now appeals from an adverse judgment entered by the court below on the jury’s verdict finding the issues in defendant’s favor in his action for damages for injuries.

Plaintiff, asserts as error certain rulings by the court on the admission and exclusion of evidence, on instructions to the jury, permitting the jury to separate during the…