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COX v. GROS

No. 49136.

360 S.W.2d 691 (1962)

Dennis COX, By Rudolph Cox, His Next Friend, Appellant, v. Roy GROS, d/b/a Gros Marble Company, Respondent.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied October 8, 1962.

Attorney(s) appearing for the Case

Chopin, Boisaubin & Corley, Alfred L. Boisaubin, St. Louis, for appellant.

Alexander & Robertson, L. A. Robertson, Ernest E. Baker, St. Louis, for respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied October 8, 1962.

BARRETT, Commissioner.

This is an action to recover $35,000 damages for personal injuries sustained by Dennis Cox, age five. The trial court sustained a motion to dismiss the plaintiff's petition and the question upon this appeal is whether the petition states a claim upon which relief could be granted.

In general the petition alleges that the defendant Gros owned and operated...

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