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WINEGARDNER v. CITY OF ST. LOUIS

No. 48263.

346 S.W.2d 219 (1961)

Charles WINEGARDNER and Hazel Winegardner, Appellants, v. CITY OF ST. LOUIS, a Municipal Corporation, Respondent.

Supreme Court of Missouri, Division No. 1.

April 10, 1961.

Attorney(s) appearing for the Case

Edmund W. Albright, and William L. Mason, Jr., St. Louis, for appellants.

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

COIL, Commissioner.

Mr. and Mrs. Charles Winegardner sought $25,000 damages for the alleged wrongful death of their 16-year-old son, Richard. On defendant's motion their action was dismissed with prejudice on the ground that the petition did not state a claim upon which relief could be granted. Plaintiffs appealed from the judgment of dismissal and contend that the trial court erred in so ruling for the reason that the petition states facts invoking relief under the...

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