Whitehead ex rel. Whitehead v. Margel

CRAVEN, Chief Judge.

The substance of the complaint in this action is that:(1) Defendants, Irving Margel and wife, Freda Margel, own as tenants by the entirety certain real property on which there is located an unenclosed outdoor swimming pool.(2) Defendants vacated their residence located on the same property and moved to California; the premises in question were left unoccupied.(3) After defendants moved away, weeds grew up around the pool, and the pool itself became partially filled with water and trash, making it dangerous to children.(4) Children played on the vacant premises; defendants…