Flora

This action was brought to recover damages for the death of plaintiff’s twelve-year-old son, Veaeh Criswell. The defendant is the proprietor of a bathing establishment in the city of Los Angeles. On February 26, 1909, young Criswell visited said establishment, and, entering a swimming tank or plunge therein, was drowned. The complaint alleges that his death was due to the negligent failure of defendant “to provide a person or persons experienced in life-saving to be then and there present for the purpose of rescuing the deceased, or any one else, who was liable then and there to drown.” It further alleged that defendant had knowledge of the dangerous character of the plunge when used without a proper lifeguard stationed at or near the place where the boy was drowned, but that, notwithstanding such knowledge it negligently failed to provide any such lifeguard. The answer denied the allegations of negligence, and set up, as an affirmative defense, that plaintiff was guilty of contributory negligence, and that if he sustained any of the injuries set forth in said complaint, “the same were caused wholly and entirely by the fault, carelessness and negligence of plaintiff, and without…