Turner v. City of Moberly

This is a suit for wrongful death. The city of Moberly owns and maintains a public park in which there is a large artificial lake equipped with a bathing beach, a bath house, boats, rafts, and diving boards. A large tree stands near the lake, and from a limb that extends over the water a rope is suspended which is about ten feet from the trunk of the tree and about seven feet from the bank. During the bathing season bathers often climb this tree and dive into the water from the branch and sometimes they swing themselves from the rope and then dive into the water. On May 16, 1928, the…