McCall v. McCallie

1. Where plaintiff’s infant son, nine years old, in company with another, went upon the premises of the defendants to bathe in an artificial pond thereon, used for supplying water for the engines of one of the defendants, a railroad company, and formerly used as a public swimming and fishing resort by the other defendants, but then used by children and others for bathing purposes, which use was permitted and acquiesced in by these defendants, and stepped into a deep hole *100in the pond, and was drowned, the defendants were not liable to the plaintiff for the death of her son in that they…