Opinion
Argued January 18, 1926
Decided January 24, 1926
Appeal from the Supreme Court, Appellate Division, First Department.
Walter L. Glenney and Bertrand L. Pettigrew for appellant.
Leon Sanders and Walter E. Godfrey for respondent.
The evidence establishes that plaintiff's intestate, a boy fourteen years of age, was drowned in a swimming pool conducted for profit by the defendant. Though the swimming pool was crowded at the time, apparently no one saw the fatality. We know only that he was playing in the pool one afternoon and his dead body was found in another part of the pool the next morning, and that death was caused by asphyxiation. No inference can be drawn that by act or omission of the defendant or any of its employees the boy was placed in a position of danger which caused his death, or that any greater care by the defendant could have averted accident. The judgments should be reversed and complaint dismissed, with costs in all courts.
HISCOCK, Ch. J., POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ., concur; CARDOZO, J., absent.
Judgments reversed.