CLEARY v. INDIANA BEACH, INC.

No. 12591.

275 F.2d 543 (1960)

Robert J. CLEARY, by his father and next friend, Mike Cleary, Sr., Plaintiff-Appellant, v. INDIANA BEACH, INC., a Corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 13, 1960.


Attorney(s) appearing for the Case

John E. Cassidy, Sr., Peoria, Ill., Harry P. Schultz, Lafayette, Ind., John E. Cassidy, Jr., Cassidy & Cassidy, Peoria, Ill., for plaintiff-appellant.

George T. Schilling, Lafayette, Ind., Stuart, Branigin, Ricks & Schilling, Lafayette, Ind., Bomberger, Wilson, Crites & Belshaw, Hammond, Ind., of counsel, for appellee.

Before HASTINGS, Chief Judge, SCHNACKENBERG, Circuit Judge, and MERCER, District Judge.


MERCER, District Judge.

Plaintiff, while visiting friends at a resort operated by defendant, was seriously and tragically injured when he dived from a pier, maintained in conjunction with defendant's beach, into approximately two and one-half feet of water. He now appeals from an adverse judgment entered by the court below on the jury's verdict finding the issues in defendant's favor in his action for damages for injuries.

Plaintiff asserts as error certain...

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