DES ISLES v. EVANS

No. 14045.

200 F.2d 614 (1952)

DES ISLES v. EVANS et al.

United States Court of Appeals, Fifth Circuit.

December 17, 1952.


Attorney(s) appearing for the Case

Charles Longstreet Weltner, Atlanta, Ga., Sheldon Dubler, Miami, Fla., for appellant.

A. Walton Nall, Atlanta, Ga., John A. Murray and Clarence J. Brown, Jr., Miami, Fla., for appellees.

Before BORAH, STRUM and RIVES, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment dismissing the amended complaint upon the ground that it failed to state a cause of action upon which relief could be granted. The complaint charged that appellant was a paying patron of appellees' swimming pool; that appellant dove from the low diving board and struck her head against a submerged swimmer, then swimming under water in the diving area of the pool, resulting in serious injuries.

The appellees...

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