Ashworth v. City of Clarksburg

Hatcher, Judge:

Judgment of the circuit court sustaining an award of damages to plaintiff for personal injuries is here under review.

Defendant, City of Clarksburg, maintained a public swimming pool just below a municipal dam, a wing wall of which formed in part a side of the pool. It had a rock bottom of irregular depth, from which the loose rock had been removed. During the swimming season, the city furnished a guard for the pool daily between the hours of two and eight p. M., that being the period the pool was most frequented. Its use at other hours was not forbidden. It was equipped with a…