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HART PROPERTIES, INC. v. SLACK

No. 61-531.

145 So.2d 285 (1962)

HART PROPERTIES, INC., a Florida Corporation, Appellant, v. John SLACK, a Minor, by and through His Mother and Next Friend, Estelle Slack and Estelle Slack Individually, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 25, 1962.

Attorney(s) appearing for the Case

Papy, Talburt & Carruthers, Miami, for appellant.

Truett & Watkins, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and BARKDULL and HENDRY, JJ.

PEARSON, TILLMAN, Chief Judge.

John Slack, the minor plaintiff, went with his older brother, Steve, to the Castaways Motel [owned and operated by the defendant] to go swimming. During the course of the day, plaintiff was injured when he stepped back from the side of the pool and fell into the hole left uncovered when the doors leading down to the pump room were open. Neither boy was a guest at the motel nor did either pay any money for the privilege of using the pool...

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