CAMPBELL, Judge.
In the case of Hedgepath v. City of Durham, 223 N.C. 822, 28 S.E.2d 503, it was held that a person has the right to maintain an unenclosed pond or pool on his premises. It is not an act of negligence to do so. When, however, a person exercises this right, and children of tender years are attracted thereto, and it becomes a common resort of persons of tender years to go there to play, and the owner knows this or by the exercise of ordinary care should...
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