Jennie Lee Gordon v. C. H. C. Corporation

Appellant, Jennie Lee Gordon, brought suit in the Circuit Court of Coahoma County against C. H. C. Corporation seeking to recover damages for the alleged wrongful death of her ten-year old son, Franklin Boyd Gordon. The declaration charged that the defendant corporation owned and operated a motel in the City of Clarksdale known by the trade name "Holiday Inn" and in connection therewith it maintained a swimming pool for its guests. The swimming pool was located less than 100 feet from Highway 61 and the pool was easily accessible to children and of a character that would readily attract them in play. Although six feet deep at one end, there was no lifeguard nor any fence around the pool to prevent any small child from entering the pool. It was charged that while a trespasser on the premises at about 5 p.m. on a clear, dry day, Franklin Boyd Gordon jumped into the deep end of the pool, not knowing and appreciating the danger thereof, and lost his life by drowning. The declaration stated that the cause of action comes within the attractive nuisance doctrine.