Williams v. Delta Swimming Pool, Inc., 12530.

• Decision Date: 09 November 1931
• Docket Number: 12530.
• Citation: 5 P.2d 583,89 Colo. 586
• Parties: WILLIAMS et ux. v. DELTA SWIMMING POOL, Inc.
• Court: Colorado Supreme Court

5 P.2d 583

89 Colo. 586

WILLIAMS et ux. v. DELTA SWIMMING POOL, Inc.

No. 12530.

Supreme Court of Colorado

November 9, 1931

Rehearing Denied Nov. 30, 1931.

In Department.

Error to District Court, Delta County; George W. Bruce, Judge.

Action by Foster G. Williams and another against the Delta Swimming Pool, Inc. To review a judgment dismissing the action plaintiffs bring error.

Reversed and remanded, with directions.

L. C. Kinikin, of Montrose, for plaintiffs in error.

Ivor O Wingren, of Denver, and C. H. Stewart, of Delta, for defendant in error.

CAMPBELL J.

Williams and his wife, the parents of Paul Edward Williams, a minor son, brought this action against the Delta Swimming Pool, a corporation, to recover a money judgment for the son's death, caused, as it is alleged, by defendant's negligence while the boy was in its public swimming pool. The defendant's demurrer to the complaint for insufficiency of facts was sustained by the trial court, and, as plaintiffs declined to amend, the action was dismissed. The complaint in substance, alleges that the defendant owns and operates a swimming pool at Delta, Colo. It solicits the general public to swim therein, and charges an admission fee therefor. Plaintiffs' son paid the prescribed admission fee, and entered the pool, and soon thereafter became incapacitated injured, overcome with cramps, exertion, indisposition or accident--the exact nature of which plaintiffs have been and are unable to ascertain--and by reason of such accident said Paul Edward Williams sank beneath the surface of said swimming pool and met his death. The complaint further alleges that at the time said Paul Edward Williams lost his life in said pool said defendant company, its servants, agents, and employees, were negligent ant careless, and that such negligence and carelessness was the proximate cause of his death as aforesaid in the following particulars and facts, to wit: Negligently maintaining in said pool a slide or chute with a steep incline 23 feet to a flat apron, from which a swimmer would be thrown some distance into the pool, and, if used head first, might injure one's head or face, and deceased was known to have been using said slide on the afternoon he lost his life; that defendant negligently maintained in said pool a heavy steel barrel and several heavy loose boards which were allowed to float about, and they constituted a menace to swimmers and divers therein and those using said slide; negligently maintained in said pool a heavy floating spinning wheel which constituted a menace to those swimming therein and sliding down said chute; that said defendant company on said day invited said Paul Edward Williams to enter said pool for swimming and other exercises, and negligently and carelessly failed to provide a guard or attendant to be then and there present and on guard at said pool to oversee and observe any struggling, emergency, injury, accident, or peril on the part of said deceased and to rescue any one in need, and said deceased was allowed to swim in said pool and use the equipment above mentioned without the oversight of any person provided by said defendant company and without any warning as to the dangers lurking therein, to the plaintiffs' damage.

The plaintiffs in their brief rely upon Longmont v Swearingen, 81 Colo. 246, 254 P. 1000, in support of their contention that the complaint states a good cause of action and is not subject to attack by general demurrer. The files and...