GILLEN v. CITY OF ST. LOUIS

No. 48274.

345 S.W.2d 69 (1961)

Jack GILLEN, Appellant (Plaintiff), v. CITY OF ST. LOUIS, Respondent (Defendant).

Supreme Court of Missouri, Division No. 1.

April 10, 1961.


Attorney(s) appearing for the Case

Flynn, Challis & Sumner, Thomas W. Challis, Jr., St. Louis, for appellant.

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


DALTON, Judge.

Action for $25,000 damages for personal injuries alleged to have been sustained by reason of defendant's negligence. The court sustained defendant's motion to dismiss on the ground that the petition failed to state a claim upon which relief could be granted, and dismissed the petition with prejudice. Plaintiff has appealed from the judgment entered against him.

The petition alleged that: "* * * on or about the 23rd day of October, 1959, at a...

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