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CUMMINGS v. NAZARETH BOROUGH

427 Pa. 14 (1967)

Cummings, Appellant, v. Nazareth Borough.

Supreme Court of Pennsylvania.

September 26, 1967.

Attorney(s) appearing for the Case

Norman Seidel, with him Gus Milides and Herbert Toff, for appellants.

E. Jerome Brose, with him John C. Hambrook, and Brose, Poswistilo & LaBarr, and Fox, Oldt & Hambrook, for appellees.

Before BELL, C.J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE MUSMANNO, September 26, 1967:

On July 30, 1963, Darrel L. Cummings, 16 1/2 years of age and of excellent health, dived into the swimming pool owned, operated and maintained by the Borough of Nazareth. He failed to surface. A swimming companion started in search and found Darrel lying face downward on the floor of the pool. He helped him to a ladder where a lifeguard lifted him to the pavement. Darrel...

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