Seligson v. Victory Pool

In Seligson v. Victory Pool (187 Misc 1067 [App Term, 1st Dept 1946], affd 272 App Div 766 [1st Dept 1947]) plaintiff was injured in defendant's swimming pool when she cut her foot on broken glass. Testimony adduced at trial revealed that there was a restaurant maintained by defendant where bottled beverages were sold. Plaintiff and her witnesses testified that children were permitted to play with glass bottles alongside the pool, although no one testified to actually seeing a bottle thrown into the water. Defendant's lifeguards were stationed at the opposite end of the pool from where plaintiff was injured. (Id.) The court affirmed the jury's finding that defendant was negligent for failing to properly and adequately supervise the pool in order to fully protect its patrons. ( Seligson, supra at 1068.)