Cleveland Park Club v. Perry

165 A.2d 485 (1960)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership