Warren v. City of Topeka

*525The opinion of the court was delivered by

Hutchison, J.:

In this action plaintiffs seeks to recover damages against the city of Topeka and J. Torsney for the death of their twelve-year-old daughter, who was drowned in a cement swimming pool in Gage Park on June 16, 1926. The court sustained the demurrer filed by each defendant to the petition, and plaintiffs appeal.

The petition, in addition to the general statement of facts, alleges that the city had constructed and was maintaining such cement swimming pool in the park, naturally attractive in every way to young people in its construction and…