Grant v. Hipsher

—This is an action for the wrongful death of a 3%-year-old girl who died by drowning in a swimming pool maintained on the premises of a residence owned by defendants but occupied by their tenant. Plaintiff, the child’s father and administrator of her estate, appeals from a judgment entered on a jury verdict for defendants.

The principal issue is whether the trial court erred in withholding from the jury the question whether defendants violated the provisions of a county ordinance requiring premises on which a swimming pool is situated to be fenced and access gates to be self-closing and…