TERRELL, Justice.
The amended declaration, among other things, alleges that sometime prior to the 7th day of October 1947, defendant excavated the earth so as to construct an artificial lake or pond on its lands just outside the corporate limits of the City of Auburndale, that said pond was of varying depth with sloping banks of white sand, that it was within a few feet of the public highway in a settled community where there are many children of tender years, that...
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