Gardner Park Amusement Co. v. Humphries

Appellee, joined pro forma by her husband, sued appellant to recover for injuries sustained by her while diving into the swimming pool owned by appellant company. She alleged several acts of negligence on the part of appellant as the proximate cause of her injuries and also pleaded discovered peril as follows:

“That they were further negligent in this, that said employees and guides of defendant saw plaintiff, saw her approaching, near and' at a point of danger, saw and realized that she was preparing to dive, saw and realized that she was in the very act of diving into said pool and saw her…