The daily morning journal and courier., 1902-06-13
SUMMER RESORT MISHAPS
THE USUAL CROP OF DUSI-
 NESS
For Damage Lawyers Now Piiins
 Uu-Spme Law Points.

ferred to the summer resorts, there to
 ahide until fall, there is one class of
 very busy men who may stay at home
 if they like and without effort on their
 own part watch business pile up for
 them at the crowded out-cf-toWn places
 This class is made up of lawyers who
 follow as a speciality the prosecution
 of damage suits for personal injuries
 The summer season invariably prepares
 for these lawyers rich crop all ready
 for the harvesting as result of the mo-
 toriously numerous accidents to persons
 and the frequent loss of life at summer
 ing places. The mishaps and fatalities
 for which responsibility may be laid at / the doors of owners or lessees at the
 popular beaches and other resorts in
 and about Brooklyn alone are enough
 for these practitioners.
 A series of interesting points of law
 affecting this class of damage cases IS
 given by Law Notes. Thus in Min
 nesota case the defendant, corpora
 tion which had given picnic at Lake
 Minnetonka, was compelled to pay dam-
 ages under a proposition laid down by
 the court as follows:
 "A person having the management
 and control of public place of amuse-
 ment, which he invites the public, on
 payment of an admission fee, to attend,
 and at which he sells to his customers
 Intoxicating liquors, who sells to one in
 attendance at such places intoxicating
 liquor to such an extent as to render him drunk and disorderly, we'll know
 hot
 likely to commit assaults upon others
 without provocation or cause, IS bound
 to exercise reasonable care to protect his other patrons from his assaults ana insults, and for a failure to do so IS H. able in an action for damages to one as saulted and injured by such person. The proprietor of such place has the un- doubted right to exclude therefrom drunken and disorderly persons, and khe right to remove and expel them when they become in that condition and disorderly, and likely to produce dis cords and brawls. Being clothed with such power and authority correspond ing duty to do so in the interests of law and order and for the protection of his other guests, should be imposed as matter of law"
 Iii a case tried in Michigan clown in one of the show rings of circus negl1- gently exploded a giant firecracker, whereby the plaintiff, a spectator, lost an eye Although the plaintiff was a tresspasser, having entered without frl- vitation or payment for admission, the circus proprietor was held liable in Manages, as it appeared that the plain- .tiff's presence was discovered and he was suffered to remain while the neglf- gent act was committed.
 It appears from various decisions that Vigilance must be exercised by owners of public bathing beaches to render their use safe to patrons. It is not enough to show that such owners have done nothing to make the premises un- safe Tn the case of Dinnihan vs Lake Ontario Beach Improvement Company, an action for death by wrongful act where the defendant had offered a bathing place for the use of the general public for small consideration, and the deceased, while avaiing herself of the privilege, was drowned in deep wa ter caused by depression in the bot tom of the lake, the decision was against the defendant The claim that i the depression was not produced by the defendant, but was recently formed by | current in the water, was pronounced Insufficient as adefense. The case was cited with approval in Brotherton vs. Manhattan Beach Improvement Com pany, 50 Neb. 214 (denying rehearing | of AS Neb 563). where the Court laid | down the following conclusion in con- nection with the facts of the case: We | think it is a reasonable inference that | persons of ordinary prudence conduct | ing a bathing resort frequented by 10,- | GOO people month should, in the ex- ercise of ordinary care keep some one | on duty to supervise bathers and rescue any apparently in danger; and, if not, that it Is certainly a reasonable infer | ence that persons so situated should, on ascertaining that a person last seen in the water is missing, without a mo- ment's delay, exert every effort to search for that person in the water, and | not merely advise q youthful compan- ion of the missing person to search on the land, and coolly watch the result of such search"
 In suit brought In Indiana by a parent for the death of a son the com pIaint alleged that railroad company, | for which the defendant was acting as receiver owned and operated for profit a park; that located in the park was a body of water held out to the public as a suitable place for bathing, swimming, and diving; that defendant had negli- gently left concealed under the surface of the water certain tinbers; that plaintiffs son, desiring to bathe in the water was ignorant of the concealed | timbers leaped head foremost into the water, striking the timbers, sustaining Injuries from which death resulted; and that the defendant was conducting the business of the park under the order and direction of the court. It was held on demurrer that the complaint stated ' a godo cause of action
 In suit brought in Pennsylvania against traction company by parents for the death of a son thirteen years of age, it appeared that the boy was one of a party of school children invited by the defendart to picnic on it's grounds, About thousand feet from the picnic ground proper the defendant had re- gently made an artificial pond for boat ing purposes, by damming a small