RANDALL v. VILLAGE OF EXCELSIOR

No. 37,756.

258 Minn. 81 (1960)

103 N.W. (2d) 131

KARL RANDALL, A MINOR, BY BRUCE B. JAMES, HIS SPECIAL GUARDIAN, v. VILLAGE OF EXCELSIOR.

Supreme Court of Minnesota.

May 6, 1960.


Attorney(s) appearing for the Case

Dygert & Gunn, for appellant.

O'Neill J. Grathwol, Wayne G. Popham, and Mahoney & Mahoney, for respondent.


MURPHY, JUSTICE.

This is an appeal from an order dismissing plaintiff's complaint on the ground that it failed to state a claim upon which relief could be granted. Defendant entered no answer, and the motion for dismissal was heard on the pleadings only. We are therefore called upon to determine whether the facts alleged in the complaint entitle plaintiff to relief under any theory.

The complaint alleges that plaintiff...

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