Wilford v. Little

Plaintiffs commenced an action to recover damages for the death of a minor son who fell into the private swimming pool on defendants’ residential property. To an amended complaint the defendants .demurred and the same was sustained with leave to amend. No amendment was made and judgment of dismissal was entered. This appeal is from the judgment of dismissal.

A fair résumé of the matters set forth in the amended complaint follows: On or about August 31, Í954, the swimming pool in question contained water to a depth of about 9 feet at one end, with a diving board extending over the water. Small…