Cummings v. Nazareth Borough

Opinion by

Mr. Justice Musmanno,

On July 30, 1963, Darrel L. Cummings, 16 1/2 years of age and of excellent health, dived into the *16swimming pool owned, operated and maintained by the Borough of Nazareth. He failed to surface. A swimming companion started in search and found Darrel lying face downward on the floor of the pool. He helped him to a ladder where a lifeguard lifted him to the pavement. Darrel was seriously injured. He suffered a subluxation of the 4th and 5th vertebrae and a fracture of the 6th, which left him a permanent cripple, paralyzed from the chest down, to be imprisoned in a…