Casoni v. Islip

In an action to recover damages for the death of plaintiff’s intestate by drowning, defendant appeals from an order setting aside a verdict in its favor and granting a new trial. Order affirmed, with costs. On August 29,1948, decedent, fourteen years old, and 5 feet 3 inches tall, was bathing at a beach maintained by defendant primarily for children. At a point about 600 feet out from the shore, the water was between 3.3 and 4.1 feet deep at low tide and at the time of the accident; at a point about 800 feet out from the shore, the water was 4.5 feet deep. However, some time in 1946, at a…