Fischer v. Amity Harbor Corp.

The decedent, with others, came upon the property of the defendant and proceeded to the beach to go in bathing. Testimony on the part of plaintiff indicates that their course of action was prompted by signs on the highway giving notice of a bathing beach. It was while the decedent was in bathing that he was drowned in a channel excavated by appellant, which led from the waters of Great South bay into its lands where there was a harbor for yachts and other small boats. It appears in the record without dispute that this channel was built by permission of the Secretary of War and of the town…