Fitch v. Selwyn Village, Inc.

Tbe overwhelming weight of authority in this country is to tbe effect tbat ponds, pools, lakes, streams, reservoirs, and other bodies ■of water, do not per se constitute attractive nuisances. 56 Am. Jur., Waters, section 436, page 850. “Tbe attractive nuisance doctrine generally is not applicable to bodies of water, artificial as well as natural, In tbe absence of some unusual condition or artificial feature other than tbe mere water and its location.” 65 O.J.S., Negligence, section 29 (12) j, page 475. . _ '. _ It is, therefore, not negligence per se to maintain an unenclosed pond, pool,…