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WILKINS v. WARREN

No. 525.

108 S.E.2d 230 (1959)

250 N.C. 217

Allen B. WILKINS v. Earl WARREN.

Supreme Court of North Carolina.

April 29, 1959.

Attorney(s) appearing for the Case

Wilson & Johnson and Bryan & Bryan, Dunn, for plaintiff, appellee.

McLeod & McLeod, Dunn, for defendant, appellant.

BOBBITT, Justice.

Defendant rightly concedes that plaintiff was an invitee. Hahn v. Perkins, 228 N.C. 727, 46 S.E.2d 854.

In 52 Am.Jur., Theaters, Shows, Exhibitions, etc., § 71, the general rule is stated in these words: "The owner or proprietor of a bathing or swimming resort or pool as a place of public amusement is not an insurer of the safety of his patrons, but he must exercise ordinary and reasonable care and prudence to have and maintain his place...

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