WHEELER v. JONES

No. 10597.

19 Utah 2d 392 (1967)

431 P.2d 985

BRENT WHEELER, A MINOR, BY ARLENE TURLEY, HIS GUARDIAN AD LITEM, AND ARLENE TURLEY, PLAINTIFFS AND RESPONDENTS, v. DENNIS C. JONES AND CHARLES R. JONES, DBA SUNPLAY POOL AND GARDEN CENTER, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

September 21, 1967.


Attorney(s) appearing for the Case

Robert W. Brandt, Salt Lake City, for appellants.

Richard H. Thornley, Ogden, for respondents.


ELLETT, Justice:

The plaintiff, Brent Wheeler, a twelve-year-old lad, paid twenty cents for the privilege of swimming in a pool operated in connection with defendants' business of selling garden supplies and swimming pools and equipment. The pool was used exclusively by children from four to fifteen years of age. Approximately thirty-six children per day were permitted to swim in the pool in groups of twelve per each two-hour shift.

Entrance to the pool was...

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