Cummings v. Nazareth Borough

Opinion by

Mr. Justice Musmanno,

This case has already been before this Court and is reported in 427 Pa. 14. It is not necessary thus to repeat what was there said. It is enough to outline on the blackboard the salient facts of the litigation so that we can proceed to discuss the issues raised in this present appeal.

The lawsuit arose out of an accident which occurred on July 30,1963, when Darrel L. Cummings, 16y2 years of age, dived into a swimming pool owned and operated by the Borough of Nazareth, sustaining such serious injuries from that diving that he has been rendered a helpless cripple…