DeSimone v. Philadelphia

Opinion by

Mb. Justice Musmanno,

The City of Philadelphia maintained in 1949 at 12th and Heed Streets a swimming pool which was 80 feet long, 40 feet wide and ranged from a wading shallowness at one end to a depth of over 5 feet at the other end. On Tuesdays, Thursdays and Saturdays the pool was reserved for boys; on Mondays, Wednesdays and Fridays, girls had it for their exclusive use. A lifeguard attended on the boys’ days but not on girls’ days.

To this pool on Wednesday, June 29, 1949, came some 50 girls for relief from the heat of a glowing summer’s day and for the general enjoyment and fun…