56 Ga. App. 1 | Ga. Ct. App. | 1937
The only question for determination is whether the judge erred in granting a nonsuit in the action brought by Richard F. Day against the Trion Company to recover damages for the homicide of the plaintiff’s sixteen-year-old son, Richard Howard Day, hereinafter referred to as the '“decedent.” The petition as amended substantially avers that the defendant conducted for profit a swimming-pool which, when full, was two and one half feet deep in water at the shallow end and seven and one half feet deep at the other end, with the surface of the water approximately eighteen inches below the level of the floor around the pool; that both the pool and the floor surrounding it were covered with tile; that the pool had been emptied and was “being refilled,” and was only three inches deep in water at the shallow end when the accident occurred; that the floor around the pool was very slick when wet, and by reason of the fact that it was glazed tile which did not change color when wet, the decedent “had no knowledge that the
After testifying, in effect, that the decedent had been in the pool
The petition is grounded primarily on the theory that the decedent’s death resulted from his slipping on the wet tile floor and
Judgment affirmed.