Polk

Plaintiff brought the action to recover damr ages for the death of his son by drowning in a reservoir maintained by defendant in its cemetery in the city of San Francisco. A demurrer to the complaint was sustained, plaintiff elected not to amend, and judgment was entered in favor of defendant for costs, from which judgment plaintiff appeals.

The complaint alleges that defendant is a corporation; that, at the time of his death, William Henry Polk was a minor of the age of eight years and was the son of plaintiff; that defendant, for many years, has maintained in San Francisco a public cemetery; the streets surrounding it are named and it is stated that they are public thoroughfares used by the general public and by minor children attending public schools; that, for many years, said cemetery has been abandoned as a burial place owing to an ordinance of the city forbidding burials therein, but that it “has been and is now maintained as a place of adornment and attraction, parked and graded and kept open to the public daily from the hour of 7 A. M. until 5 P. M. of each day. Said cemetery is located in the heart of the residence section of the city and county of San Francisco, is…