Dewing v. Old Black Point Assn.

The second count of the original complaint has been amended by amendments and by a more specific statement, and in its present form purports to allege a cause of action for injuries from a public nuisance.

The plaintiff, a young girl, was a guest at the defendant beach club, and, with its knowledge and acquiescence, was diving from a float or raft which it maintained for the purpose, moored in the public waters of Long Island Sound. The injury occurred because the plaintiff dove into shallow water.

It is true that the plaintiff in swimming in the public waters was exercising a public right.…