Bell v. Page

Although the complaint contains general allegations that defendant’s swimming pool was attractive to children, there is neither allegation nor evidence that children other than guests of the motel had permission, express or implied, to go upon defendant’s motel premises. Defendant’s allegations and evidence are to the effect that such children, including Richard, had been given positive warning not to come upon defendant’s motel premises and particularly to keep away from the pool.

“A person has the right to maintain, an unenclosed pond or pool on his premises. It is not an act of negligence…