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BURKE v. CITY OF ST. LOUIS

No. 48126.

349 S.W.2d 930 (1961)

John J. BURKE, Appellant, v. CITY OF ST. LOUIS, a Municipal Corporation, Respondent.

Supreme Court of Missouri, Division No. 2.

October 9, 1961.

Attorney(s) appearing for the Case

Richard M. Stout, St. Louis, and Thomas P. Howe, Clayton, for appellant.

Thomas J. Neenan, City Counselor, Alvin J. McFarland, Associate City Counselor, St. Louis, for respondent, City of St. Louis.

BOHLING, Commissioner.

John J. Burke sued the City of St. Louis for $25,000 damages, claiming he, while an invitee, was caused to fall on the floor of the "Soldiers' Memorial" of said city by reason of defendant's negligence in permitting a slick and slippery substance to be and remain thereon. The city obtained leave to withdraw its answer "for the purpose of filing a motion to dismiss." Said motion alleged plaintiff's cause of action should be dismissed because...

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