Reardon

This is an appeal by the plaintiff

from a judgment against him entered after a demurrer had been sustained to his complaint, without leave to amend. The complaint alleged that on March 8, 1923, the defendant Spring Valley Water Company owned and maintained a large and deep body of water contained in a large artificial reservoir in the immediate vicinity of Holly Park, in the city and county of San Francisco, California; that the said reservoir and the sides and embankments thereof were at all of said times visible to passers-by in the street immediately surrounding same and said reservoir is located in a residen tial neighborhood; that many hundreds of children reside in said neighborhood; that this reservoir was immediately surrounded by public streets and highways, contiguous and adjacent thereto where children of tender years were accustomed to resort for play; that said reservoir and grounds were partly protected by a fence, but that said fence was inadequate to prevent children from entering said reservoir grounds because said fence was dilapidated and contained many large holes and openings of sufficient size to permit ingress to and egress from said grounds of said…