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CLEVELAND PARK CLUB v. PERRY

No. 2619.

165 A.2d 485 (1960)

CLEVELAND PARK CLUB, a District of Columbia corporation, Appellant, v. Scott PERRY, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided November 16, 1960.

Attorney(s) appearing for the Case

James E. Hogan, Washington, D. C., with whom Arthur J. Hilland and Ferdinand J. Mack, Washington, D. C., were on the brief, for appellant.

Sol Friedman, Washington, D. C., with whom Leonard L. Lipshultz, Washington, D. C., and Hyman L. Rosenberg, Washington, D. C., were on the brief, for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

ROVER, Chief Judge.

The Cleveland Park Club, a private social club which operates a swimming pool for the benefit of its members, sued a nine-year-old boy for damages caused by him. While playing in the water the child swam to the bottom of the pool, a depth of seven feet, and according to his own testimony raised a metal cover over a drain opening and thinking that there was no suction at the time, inserted a tennis ball...

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