GALLO v. SURF & POOL CORP.


4 A.D.2d 762 (1957)

Josephine Gallo, an Infant, by John Gallo, Her Guardian ad Litem, et al., Respondents, v. Surf & Pool Corp., Appellant

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

July 1, 1957


Judgment unanimously affirmed, with costs.

The infant plaintiff, then approximately six years and nine months of age, accompanied by her parents, was present as an invitee on a playground adjacent to a swimming pool, both of which were owned and operated by the defendant. Upon the playground there was an apparatus known as a monkey bar, consisting of steel bars like the rungs of a ladder, designed for the amusement of patrons. The bar had become wet from its use by...

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