In Error to the District Court of the United States for the District of Montana; George M. Bourqun, Judge.

Action by Martin Troglia against the Butte Superior Mining Company. Judgment for defendant, and plaintiff brings error.

The plaintiff in error brought an action for damages for the loss of his son, a lad 11 years of age, who was drowned while swimming in a pond on the premises of the defendant in error. The pond furnished water to supply a mill, and it had been made by damming a small stream. It was about 100 feet long and 75 feet wide, and varied in depth from 1 to 12 feet. It wasffiot inclosed in any way. It was situated within 30 feet of a road, which was only occasionally traveled. The defendant in error had taken the precaution to post four or five notices around the pool, containing such warnings as “No trespassing,” “Private property,” “10 feet deep,” “Keep away,” and “10 feet deep, dangerous.” Boys were in the habit of coming to the pool and swimming there in the summer time. The boy who was drowned was a good swimmer for one of his age. He was “strong and husky,” and better developed physically and mentally than most boys of his age. He was in the seventh grade at school, and of course he could read the signs, which were posted about the pool. On the day on which he was drowned, he, with a number of other boys, was playing about the pool and swimming therein two hours or longer. He was drowned while swimming across the pool, under circumstances which indicated that he was seized with cramps. The defendant in error knew that the boys were in the habit of swimming in the pool. It never protested against .their using the pool for that purpose. It had in attendance in a pump house near the pool a man who was in charge of a steam pump. Upon the conclusion of the testimony, the epurt below directed a verdict for the defendant in error.