Shoemaker v. City of Parsons

The opinion of the court was delivered by

Smith, J.:

This was an action for the wrongful death of the son of plaintiff. Judgment was for the defendants sustaining a demurrer to the petition. The plaintiff appeals.

The petition, after alleging the formal matters as to residence and the official capacity of defendants, alleged that on July 28, 1940, the city of Parsons was the owner of a swimming pool; that the swimming pool was operated under a contract between the city and defendants Lawrence and Ricketts.

The petition then alleged that the pool was 150 feet north and south and 75 feet east and…