Scott

The plaintiff brought this action to recover damages for the death of his son, alleged to have been caused by the negligence of the defendant. The court refused to direct a verdict for the defendant and one was. returned in favor of the plaintiff. Thereafter, on motion of the defendant, the court rendered judgment in its favor, notwithstanding the verdict, as permitted by section 629 of the Code of Civil Procedure. The plaintiff has appealed from the judgment. The statement of facts herein is taken largely from appellant’s opening brief.

The defendant “owned and maintained as a part of its general system of public recreation”, from which it received no revenue, “a channel of water”, known as Recreation Park Lagoon, connected with the ocean and in which the ocean tides ebbed and flowed. More than six months prior to the accident the defendant ‘1 caused the channel to be dredged and deepened to a depth of twenty-five feet. . . . Earth was removed from the channel and deposited upon the property adjacent to form the slope of the channel and establish a bathing beach. Sand was also placed adjacent to the water’s edge to provide a more suitable condition for bathers. ... At the point…