St. Clair v. City Of Macon, 20975.
| Decision Date | 20 July 1931 |
| Docket Number | No. 20975.,20975. |
| Citation | 159 S.E. 758,43 Ga.App. 598 |
| Parties | ST. CLAIR. v. CITY OF MACON et al. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Error from City Court of Macon; C. H. Hall, Judge.
Action by Naomi St. Clair against the City of Macon and another. Judgment for defendants, and plaintiff brings error.
Affirmed.
R. D. Feagin, H. B. Bell, and J. F. Urquhart, all of Macon, for plaintiff in error.
E. W. Maynard, John J. McCreary, and Ellsworth Hall, Jr., all of Macon, for defendants in error.
Syllabus Opinion by the Court.
1. A person who creates or maintains a pond of water upon private premises is under no duty to maintain it in a condition of safety, as against drowning, for children who, with the mere acquiescence and knowledge of the owner but without express or implied invitation, come upon the premises and go in the pond. The doctrine of the "turntable cases" does not apply to such a situation. Savannah, Florida and Western Railway Co. v. Beavers, 113 Ga. 398, 39 S. E. 82, 54 L. R. A. 314; Hargreaves v. Deacon, 25 Mich. 1; Peters v. Bowman, 115 Cal. 345, 47 P. 113, 598, 56 Am. St. Rep. 106; Stendal v. Boyd, 67 Minn. 279, 69 N. W. 899.
2. Where, in such a case, the landowner, and a municipality whose alleged negligence caused an accumulation of water which created the pond, were sued jointly by the mother of a child of nine years of age for loss of services of the child, resulting from its death by drowning in the pond, the petition failed to set out a cause of action against either defendant, and the general demurrer of each defendant was properly sustained.
Judgment affirmed.
I concur in the result arrived at by my colleagues in this case, but perhaps go further than they do in my idea concerning the law governing it. It is true that section 4420 of the Civil Code (1910) provides that, "where the owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose,, he is liable in damages to such persons for injuries occasioned by his failure to exercise ordinary care in keeping the premises and approaches safe, " but in my opinion even an express or implied invitation to the general public to use gratuitously a privately owned swimming pool would not render the owner thereof liable to any person who might thus use the same, in the absence of proof that it contained some...
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