Henry Isaacson, Jr. v. James W. Jones, James W. Jones v. Henry Isaacson, Jr.

Appellant Isaacson, Jr., hereafter referred to as respondent, was, on the 2nd day of June, 1951, the owner of a boat known as a 22-foot Chris-Craft Sportsman. On said 2nd day of June, 1951, respondent and certain guests, among whom was appellee Jones, hereafter referred to as libelant, were engaged in the sport known as water skiing. Respondent was operating the boat and towing a water skier. Libelant was a passenger in the boat. In the process of towing the skier respondent made at least three quite sharp turns. This sort of maneuvering is usually indulged in when towing a skier as it is recognized as adding thri|ls and excitement to the sport and is an action quite familiar to those who indulge therein. During the time that at least two sharp turns were maneuvered, libelant was sitting on the engine hatch cover, recognized as a safe position. His concern, as expressed to respondent, was whether the boat would turn over. He was assured by respondent that it would not. Thereafter libel-ant left the safe position he was occupying and sat on the gunwale directly behind the seat respondent was occupying. Shortly thereafter respondent maneuvered the boat into a sharp unannounced turn.…