The assignment of error in this case is on the judgment of the trial court sustaining general demurrers to petitions by a husband and wife for damages on account of injuries suffered by the wife when she stepped into a crevice, or rut, alleged in each petition as amended to have been 5 inches wide, 5 inches deep, and 14 inches in length, which rut was located on the defendant's premises at the end of a boardwalk maintained by the defendant adjacent to its swimming pond, a place of public resort. The plaintiff alleged that she walked along the boardwalk to the end thereof, stepped off and her right foot "fell into a crevice in the soft sand near the boardwalk," and that she was thereby thrown off balance and caused to fall violently to the ground, suffering enumerated injuries. It was alleged that she was a paid patron of the defendant; that, at the time she suffered the injuries, it was near dusk and because the defendant provided no lighting of the premises at the time, she could not see the crevice, or rut. The defendant was charged with negligence in not maintaining the premises in a proper condition, in allowing the rut to exist when it knew, or should have known of the dangerous condition; in not placing any warning of the existence of the rut, and in not having sufficient lighting.

As to the liability of proprietors of resorts generally, see Anno. 22 ALR 610, et. seq. The order sustaining the demurrers and dismissing the petitions was not error.

Fulcher, Fulcher, Hagler & Harper, Gould B. Hagler, contra.