WATTS v. MITCHELL BROS. REALTY CORP.


279 A.D. 763 (1951)

Frances M. Watts, as Administratrix of The Estate of Stanley Watts, Deceased, Appellant, v. Mitchell Bros. Realty Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1951.


Decedent, twenty-one years old, was a paying patron of defendant's swimming pool. The evidence showed that decedent dived from a raft in the center of the pool into the swimming area and was not seen again until his body was recovered some five or six hours later. In this action to recover damages for the wrongful death, plaintiff argues that defendant was negligent in that (1) the lifeguard who was stationed about 100 to 150 feet from the place where decedent dived into...

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