Medlin v. Havener

DUNKLIN, Chief Justice.

Otto Medlin instituted this suit against the owners and lessees of a swimming pool situated in Wichita county near the Jacks-boro highway, outside the corporate limits of the city of Wichita Falls, to recover damages resulting from the drowning of his 12 year old son Virgil Medlin, while bathing in the pool. He has prosecuted this appeal from a judgment sustaining a general demurrer to his petition urged by the owners of the premises after plaintiff had taken a nonsuit as against the lessees.

Since the general demurrer admits as true the material allegations in…