The Hongkew Park swimming pool ix owned and operated by the Stanghai Municipal i. and far the use of the pool all fee is] chi urged to.2uthers, It is undoubted.
true that the Shanghai Municipal Connell ix morally obligated tothe general public W take every rea Whether Mr. Lott failed to ascertain the depth of the water before attempting the hazardous ive or disregard the which he had obtaine have obtained ats the proof of erned, for in n of the Court, he wax just ax scullly the defendant protect the Hives of those usin tle ame, hut the question of ils Hiabitifor its failure to take such pre= tion xo als to render it, liable an notion for dam question concerning which there be some difference of op been itt failing tw" provide tre precautions which might have prevented In tributary negligence negligence upon part was the real cause of the accident. However much we apnenrs from the avider this case Ural at the time of the cident the swimming pool was he filled. The evidence ax to the depth of the water in the pool ix somewhat conflicting but ib ix practically ce tain that at the Lime of the accident the water was nob more than about five feet deen. The norniml depth fof the water in the pool when filled wax about seven fect at the deepest ix quite clear from the once that there was nothing to indicate tow swimmer or the sen-eral public that the dep water was not normal and it would int do deplore the death of Mr.
Lott, the ease is nol one in which his mother, ey though a pendent can he against the Council. It ix unnecessary, there to consider the other question he the plaintitt therefore dismissed om the 5 above stated and judgment renderest in favour of the del Kael arty to pay its own costs half of the Court anne total sum of Ths. 175
Cunni on to the deceased to pool at the time he ree Shanghai Munici Guty to the publi taken every reasonable proc: prevent accidents, That ut easily have been done by roping elf proach Lo the steps, providing 9; graduated scale indicating the depth of the water, station ing a police officer to ive informa ing or even by post a sign that the water was short its usual depth, any or all of which would have afforded protection to those persons who were accustomed to make use of the swimming pool. It appears that none of those precautions were exercised by the Shanghai Municipal Council in rospect to the Hongkew swimming the curt of Consuls; by the Cot ti (Sd.) C.K. Whitamore, secretary to the Court of Consuls.
Text read from the printed page and cleaned; old type leaves the occasional error.