Earnest v. Regent Pool, Inc.

McCALL, Justice.

In this case, the father sues to recover damages for the wrongful death of his nine year old son, allegedly drowned in the swimming pool of the defendant, Regent Pool, Inc., a corporation.

The complaint, as amended, contains three counts. The defendant’s amended demurrer to this complaint was sustained and the plaintiff, declining to plead further, moved the court for a judgment of nonsuit, because of this adverse ruling. A judgment of nonsuit was duly entered whereby the cause was dismissed and the plaintiff was taxed with the costs for which execution was to issue. The…