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Abstract

Plaintiff, a woman about sixty years of age, described as "considerably overweight for her size and age," and her companion were swimming in a club pool. The companion went beyond her depth, called for help, and plaintiff went to her rescue. The lifeguard, believing plaintiff to be in difficulty, went to her rescue and, in pulling her over the bank of the pool, injured her arm, side, and back. From an award in favor of the plaintiff for $7,500, defendant, the lifeguard's employer, appealed. Held, the lifeguard owed the patron the duty of exercising ordinary care; judgment for plaintiff affirmed, conditioned, however, upon remittitur. Blackwell v. Omaha Athletic Club, (Neb. 1932) 242 N. W. 664.

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