Lipton v. Dreamland Park Co.
| Decision Date | 13 January 1939 |
| Docket Number | No. 12.,12. |
| Citation | 3 A.2d 571,121 N.J.L. 554 |
| Parties | LIPTON v. DREAMLAND PARK CO. |
| Court | New Jersey Supreme Court |
Appeal from Supreme Court.
Action by Alice Lipton, administratrix ad prosequendum of Alfred Lipton, deceased, against the Dreamland Park Company, a corporation of New Jersey, for death of deceased who was drowned in a swimming pool in an amusement park conducted by defendant. From a judgment of nonsuit, plaintiff appeals.
Reversed and venire de novo issued.
Schotland & Schotland, of Newark (Joseph J. Schotland, of Newark, of counsel), for appellant.
William J. Egan, of Newark (Robert L. Hood, of Newark, of counsel), for respondent.
The question presented on this appeal is the propriety of a judgment of nonsuit entered at the close of the plaintiff's case by the learned trial Judge at the Essex Circuit.
The testimony disclosed that the defendant company conducted an amusement park in the city of Newark, in which was contained a swimming pool for use by its patrons.
On August 1, 1936, the deceased, Alfred Lipton, eight years of age, accompanied by his stepbrother John Urig, fifteen years of age, and two other boys, went to the defendant's park and after paying the admission charges went into the pool. The older boys swam out to a float or raft while Alfred and Joseph Whitley, a boy of ten, stayed near shore in apparently shallow water and held on to a rope provided for the purpose. Alfred lost his grip on the rope and went under the surface of the water. At that time he was on the opposite side of the rope from Joseph and but a short distance from him—Joseph estimated about a foot. Joseph testified that the water was over his head at the place where Alfred went under. He tried in vain to reach Alfred to rescue him. There were two lifeguards on duty. They were on the raft, but not on their observation seats. One was instructing a boy in diving and the other one was talking to a girl. When Alfred went down, Joseph immediately called to one of their companions who was on the raft with Alfred's brother John and the lifeguards. John told a lifeguard that his brother had disappeared. The guard told him to go and look in the locker room for him. The boys did so and reported back to the guard that he was not there. Then the guard consented to look for Alfred in the water. He recovered the lifeless body. An autopsy revealed the cause of death as drowning.
The defendant, under the circumstances, was under a duty to...
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Butler v. Acme Markets, Inc.
...from disputed facts" and was properly submitted to the jury. Brody, supra, 17 N.J. at 391, 111 A.2d 504; Lipton v. Dreamland Park Co., 121 N.J.L. 554, 3 A.2d 571 (E. & A. 1939). In the last analysis Whether a duty exists is ultimately a question of fairness. The inquiry involves weighing of......
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Hecht v. Des Moines Playground and Recreation Ass'n
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Langheim v. Denison Fire Dept. Swimming Pool Ass'n, 46702.
...ordinary care to provide a reasonably sufficient number of competent attendants for such purpose. 52 Am.Jur. 315; Lipton v. Dreamland Park Co., 121 N.J.L. 554, 3 A.2d 571;Pickett v. Jacksonville, Fla., 20 So.2d 484;Rovegno v. San Jose Knights of Columbus Hall Ass'n et al., 108 Cal.App. 591,......
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S & C Co. v. Horne, 760572
...Fire Dept. Swimming Pool Ass'n., supra; Meridian Amus. Conc. Co. v. Roberson, 188 Miss. 136, 193 So. 335 (1940); Lipton v. Dreamland Park Co., 121 N.J.L. 554, 3 A.2d 571 (1939). Defendant relies upon Blacka v. James, supra, where as we have said, we reversed a plaintiff's judgment because t......