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BELL v. LOWERY

1911620.

619 So.2d 1380 (1993)

Mose BELL, Jr. v. Ray LOWERY.

Supreme Court of Alabama.

April 30, 1993.

Attorney(s) appearing for the Case

J. Gusty Yearout and Don L. Hall of Yearout, Myers & Traylor, P.C., Birmingham, for appellant.

R. Larry Bradford of Lloyd, Bradford, Schreiber & Gray, P.C., Birmingham, for appellee.

ADAMS, Justice.

Mose Bell, Jr., sued Ray Lowery, alleging that Lowery had negligently maintained certain premises owned by him and that as a result of the negligent maintenance Bell's 14-year-old son Kerry Bell had drowned in a lake on those premises. He contends that because Lowery had failed to enclose the property with a fence, and because Lowery knew that children and adults fished and swam in the 17-acre lake, he had negligently failed to prevent persons from...

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