Avery v. Morse

This action is brought by an administrator to recover for the death of a six-year-old boy. The defendant has made a motion to dismiss plaintiff’s complaint upon the ground that *319it does not state facts sufficient to constitute a cause of action. The plaintiff’s pleadings consist of a complaint amplified by a bill of particulars.

The substance of plaintiff’s claim is that on the 14th day of April, 1931, the six-year-old boy was accidentally drowned as a result of falling into an artificial bathing pool maintained by the defendant on his residential property; that said bathing pool was located…