Byron v. St. George Swimming Club, Inc.

Appellate Division of the Supreme Court of New York

Byron v. St. George Swimming Club, Inc.

258 A.D. 920, 16 N.Y.S.2d 718, 1939 N.Y. App. Div. LEXIS 7587

Appellate Division of the Supreme Court of the State of New York·Decided December 26, 1939·Published

Opinion

— The plaintiff was a patron of the swimming pool of defendant St. George Swimming Club, Inc. Upon executing a so-called “ swan dive ” from the high diving board she struck another patron of the pool, defendant Carrera, who was under the surface of the water, and was thereby injured. The appeal is by plaintiff from the judgment dismissing the complaint at the close of the plaintiff’s case. Judgment unanimously affirmed, with -costs. No opinion. Present—’Hagarty, Carswell, Adel, Taylor and Close, JJ.

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— The plaintiff was a patron of the swimming pool of defendant St. George Swimming Club, Inc. Upon executing a so-called “ swan dive ” from the high diving board she struck another patron of the pool, defendant Carrera, who was under the surface of the water, and was thereby injured. The appeal is by plaintiff from the judgment dismissing the complaint at the close of the plaintiff’s case. Judgment unanimously affirmed, with -costs. No opinion. Present—’Hagarty, Carswell, Adel, Taylor and Close, JJ.

Byron v. St. George Swimming Club, Inc., 258 A.D. 920, 16 N.Y.S.2d 718, 1939 N.Y. App. Div. LEXIS 7587 (N.Y. Ct. App. 1939).

Pincite

258 A.D. 920 (Byron v. St. George Swimming Club, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.