This is a suit against the City of Guymon for personal injuries'sustained by the collapse of bleachers in the City Park of Guy-mon.
The plaintiff in an effort to sustain the allegations of his petition showed that he attended a ball game open to the public at said place on September 5, 1948; that the bleachers were full; that the grandstand upon which he was sitting collapsed throwing him violently to the ground, breaking some of his bones, causing him great pain and suffering for months and that certain permanent injuries have resulted from said injuries. As to negligence in the construction or maintenance of the grandstand there is no proof. There was no direct proof of unsafe condition of the grandstand for the purpose intended at the time the accident occurred or theretofore.
The award of damages by the jury is not questioned as to amount.
The defendant offered testimony to show that the grandstand was originally constructed by private persons in 1945; that until its removal to the City Park it was used at the fair grounds, which real estate is owned'b'y the City of Guymon, by various civic organizations such as 4-H Clubs and F. F. A.; that said grandstand was moved from place to place at said fair grounds by the users thereof to suit their convenience; that this grandstand without contractual relationship with the City of Guymon was moved from the fair grounds to the City Park by the owners of the city ball club of Guymon, and placed in proper position at the baseball diamond in said park; that at that time the grandstand was in safe condition; that on the night of the occurrence of the accident in question a young boy in an effort to climb up and over the rear of the grandstand knocked off a scantling or a board brace; that immediately thereafter the grandstand collapsed; that it had no notice of any character of the condition of the grandstand from the time of its removal to the City Park and the date of the accident, 1948; that the City of Guymon had no knowledge of the condition of said grandstand after its removal to the City Park; that the city had no contract with those who moved the grandstand to the City Park and thereafter exercised complete control of its use; that the city never inspected the grandstand, made any repairs on it nor gave any directions in the matter of control and maintenance thereof. It is contended that there was no liability on the part of the city because the city was not shown to have any control over the use or maintenance of the grandstand and no notice of negligent or unsafe condition and causal connection.
The ownership of the real estate on which the grandstand was located and the public use thereof is conclusively shown, in fact admitted. Such a public amusement is laudable and of interest to a city because of public concern. Whatever the deal was between the city and the ball club it was in furtherance of the public interest. The city permitted the use of its property for the amusement and entertainment of the public. The city recognized the public need and voluntarily exercised its duty in the manner conclusively shown. A city cannot escape its responsibility to the public by purportedly releasing its privilege and duty to inspect and keep in reasonably safe condition a city park where the use of the city-owned real estate is for public entertainment and recreation.
Conceding for the sake of argument that it was necessary that notice, actual or constructive, be given the city of the unsafe condition of the grandstand an instruction on the point, requested, prepared and presented to the court by defendant was given. On the question of unsafe condition and notice the evidence is that the grandstand was built of scrap lumber in 1945; that it had been pulled around from place to place at the fair grounds since its construction in 1945 until the time of its removal to the city park in 1946; that a small young boy in an effort to climb up the back of the stand pulled off a bracing board; that there was no inspection of the grandstand after its removal to the city park.
From this testimony the unsafe condition of the grandstand at the time of the accident and for a long time prior thereto might be reasonably inferred by the jury. *708A. city lias the duty to maintain its parks including a grandstand owned and erected thereon by third parties and used in the public interest in a reasonably safe condition for its intended use. See City of Sapulpa v. Young, 147 Okl. 179, 296 P. 418. There inheres in the verdict of the jury-a finding of notice, actual or constructive, to the city and that likewise is reasonably supported by the testimony.
Affirmed.
CORN, DAVISON, O’NEAL, and WILLIAMS, JJ., concur. HALLEY, C. J., JOHNSON, V, €. J., and WELCH, J., dissent.