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BERWERT v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

No. 45061.

289 S.W.2d 112 (1956)

Patrick BERWERT, a Minor, and by His Natural Father and Next Friend, William Berwert, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Respondent.

Supreme Court of Missouri. Division No. 1.

April 9, 1956.

Attorney(s) appearing for the Case

John G. Crichton, John C. Humpage, Kansas City, for appellants.

John H. Lathrop, Sam D. Parker, James F. Walsh, Jack W. R. Headley, Kansas City, for respondent, Atchison, Topeka & Santa Fe Ry. Co.

VAN OSDOL, Commissioner.

Plaintiff Patrick Berwert, an infant, instituted this action by next friend for $150,000 for personal injuries sustained when he fell from defendant's trestle bridge or underpass with stairstep construction situate adjacent to a public street in Topeka, Kansas. The trial court sustained defendant's motion to dismiss the action on the ground that plaintiff's amended petition failed to state a claim...

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