Young v. Gautier

YORK, P. J.

Appellant is the owner and operator of a resort known as “Pop’s Willow Lake”, located in the foot

[495]

hills near Sunland, Los Angeles County. Among the facilities offered by him for the amusement of patrons are provisions for swimming and boating, for which purpose a lake is maintained which is divided into two sections by means of a rope barrier. On July 30, 1935, Francis William Lampshire, a minor, having paid the price of admission demanded by appellant, was admitted to the swimming pool around the hour of 1 o’clock in the afternoon. He remained in the pool all afternoon swimming and diving, and at 4:30 o’clock he dived from one of the two rafts maintained on the surface of the pool into the water which had a depth of 12 feet, and in attempting to push himself upward, he placed his foot on the bottom of the pool, came into contact with a piece of broken glass, thereby sustaining deep lacerations on the instep and on the ball of his left foot.

Said minor, by his guardian

ad litem,

brought this action, alleging that appellant wilfully, negligently and carelessly maintained and operated said swimming pool in a dangerous and unsafe condition, in that said appellant allowed and permitted broken glass and other dangerous instruments to be and remain ■ on a certain portion of the bottom of said swimming pool, and that by reason of such negligence and carelessness, and as a direct and proximate result thereof, said minor was injured to his damage in the sum of $10,000.

The cause was heard by the court, and upon conclusion of respondent’s evidence, appellant moved for a judgment of nonsuit, which motion was denied. Thereafter, judgment was rendered in respondent’s favor for the sum of $1,000 general damages and the sum of $20.80 to cover medical services rendered to said minor on account of said injuries. Appellant made a motion for new trial upon all of the statutory grounds, but on argument urged only the insufficiency of the evidence to warrant or sustain any judgment in respondent’s favor and that the findings lacked evidentiary support, which motion was by the court denied.

Appellant here urges that the evidence as a whole is insufficient to support any judgment in respondent’s favor and that the findings of the court are not supported by the evidence; that the court erred in overruling his demurrer to the complaint and in denying his motions for judgment of nonsuit and for new trial. In his closing brief appellant avers that unless this court shall find reason to reverse the