Gilliland v. City of Topeka

The opinion of the court was delivered by

Burgh, J.;

The action was one for damages for death of a six-year-old child who was drowned in the swimming pool in Ripley park, a public park in the city of Topeka. A demurrer was sustained to the petition, and plaintiffs appeal.

The swimming pool was an artificial pool constructed of cement. It had a sloping bottom which provided varying depths of water, and was equipped with a diving platform, springboards, a bathhouse, and other swimming-pool accessories. While attending a Sunday-school picnic in the park the child went into the pool, got beyond his…