Sroufe v. City of Garden City

The opinion of the court was delivered by

Harvey, J.:

This was an action for damages for an alleged wrongful death. The trial court overruled a demurrer to the amended petition. Defendant has appealed. The sole question presented is whether the petition states facts sufficient to constitute a cause of action against defendant.. The pertinent portions of the petition may be summarized as follows: Plaintiff is the mother and sole surviving parent of Robert Sroufe, fourteen years of age, who was drowned in a municipal swimming pool maintained by defendant in its city park. The pool is quite large,…