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Cleveland Park Club v. Perry
District of Columbia Municipal Court of Appeals
165 A.2d 485 (1960)
Facts
A nine-year-old boy (defendant) was in a pool operated by the Cleveland Park Club (plaintiff) when he swam to the bottom, uncovered the drain opening, and placed a tennis ball in the pipe. When the boy returned, the tennis ball was gone, having entered the drainage system. The resulting damages caused the Cleveland Park Club to close the pool and undertake repairs. The Cleveland Park Club filed a trespass suit for the cost of the repairs. Counsel for the boy argued that the boy’s age must be a factor in considering whether he had the intent necessary to commit trespass, and the jury received instructions to that effect. The boy’s counsel also alleged that the Cleveland Park Club’s failure to prevent the uncovering of the drain opening constituted consent to acts of trespass. The court ruled against the Cleveland Park Club, which appealed. The District of Columbia Municipal Court of Appeals granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Rover, C.J.)
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