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CITY OF FORT WORTH v. BARLOW

No. 15898.

313 S.W.2d 906 (1958)

CITY OF FORT WORTH et al., Appellants, v. Don BARLOW et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 6, 1958.

Attorney(s) appearing for the Case

R. E. Rouer, S. G. Johndroe, Jr., John Gano, G. Gordon Whitman, Earl C. Morgan, and Robert R. Goodrich, Fort Worth, for appellant City of Fort Worth.

Hill & Paddock and Homa S. Hill (on appeal only), Fort Worth, for appellant Lake Worth Beach Co.

McGown, Godfrey, Logan & Decker, John W. McMackin and Winfred Hooper, Jr., Fort Worth, for appellee Don Barlow.

William P. Rogers, Atty. Gen., of United States, J. B. Engledow, George E. Hughes and Thos. E. Ball, Dallas, and W. B. West III, First Asst. U. S. Atty., Northern District of Texas, Fort Worth, for Intervener, Administrator of Veterans' Affairs.

RENFRO, Justice.

The plaintiff Barlow sued Lake Worth Beach Company for injuries sustained when he dived from a swing diving device constructed by Beach Company in Lake Worth, and sued the City of Fort Worth as owner in fee of the property where the accident occurred.

The jury found that the depth of the water where the swing was located created an inherently dangerous condition for diving purposes; Beach Company was negligent in failing to warn plaintiff...

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