RUMSEY v. SALT LAKE CITY

No. 10181.

16 Utah 2d 310 (1965)

400 P.2d 205

ELBERT B. RUMSEY, PLAINTIFF AND RESPONDENT, v. SALT LAKE CITY, A MUNICIPAL CORPORATION OF THE STATE OF UTAH, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

March 22, 1965.


Attorney(s) appearing for the Case

Homer Holmgren, City Atty., A.M. Marsden, Asst. City Atty., Salt Lake City, for appellant.

Neil D. Schaerrer, Salt Lake City, for respondent.


WADE, Justice.

Respondent Elbert B. Rumsey brought this action against the appellant Salt Lake City for personal injuries sustained in a swimming pool operated by the City. This appeal is from a jury verdict and judgment thereon in favor of Elbert B. Rumsey.

Appellant seeks reversal of the judgment on three grounds: (1) The failure of respondent Rumsey to plead and prove that the Wasatch Springs Plunge, the swimming pool in which the accident occurred, was...

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