176 N.E. 226 | Ohio | 1931
It was the duty of the Lake Brady Company, defendant, to exercise ordinary care to furnish a reasonably safe place for the use of its invitees in the park. This duty was stated by this court in Cincinnati Base Ball Club v. Eno,
This duty was further stated in S.S. Kresge Co. v. Fader,
A like decision was rendered by the Supreme Court of Oregon in the case of Johnson v. Hot Springs Land Improvement Co.,
Whether the company in this case fulfilled the duty resting upon it was very largely a question of fact for the jury. The jury may have found that the diving of these two young men from the south side of the tower, with the results stated, was evidence sufficient to establish that neither of them knew before diving that the water was so shallow on that side of the diving tower as to make it dangerous for them to dive from that side. The company insists that the deceased was using the diving tower in a manner in which he was not invited to use it, and for that and other reasons he was clearly guilty of contributory negligence as a matter of law. The evidence was in conflict with respect to contributory negligence of the deceased, particularly with respect to his knowledge of the depth of the water on the south side of the diving tower. There is evidence manifest in the record from which the jury might have found the deceased free from contributory negligence, and might also have found that the company was guilty of the negligence charged, failure to warn; and this being true, the judgments of the trial and appellate courts must be affirmed.
Judgment affirmed.
MARSHALL, C.J., JONES, MATTHIAS, DAY, ALLEN and ROBINSON, JJ., concur. *575