Greene v. Linton

Clement, Ch. J.

The plaintiff’s intestate, a child of the age of six years, was drowned on September 19,1891, by falling into a cesspool upon vacant lots owned by the defendant at the corner of Atlantic avenue and Cleveland street in this city. Children were in the habit of playing on said premises, which were not fenced, and on the day stated the deceased was sailing a toy boat on the pool, and fell in and was drowned. There is no claim that the child was using the highway, or that the cesspool was adjoining the same;

*273The complaint was properly dismissed at the trial term. While one or two…