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TAYLOR v. KANSAS CITY

No. 49406.

361 S.W.2d 797 (1962)

Terry Wayne TAYLOR, a Minor, by His Mother and Next Friend, Marjorie Cooper, Appellant, v. KANSAS CITY, Missouri, a Municipal Corporation, Respondent.

Supreme Court of Missouri, En Banc.

November 14, 1962.

Attorney(s) appearing for the Case

Jack N. Bohm, Kansas City, for appellant.

Keith Wilson, Jr., City Counselor, Kansas City, Timothy D. O'Leary, Asst. City Counselor, Kansas City, for respondent.

HOLLINGSWORTH, Judge.

Plaintiff, a minor, suing by next friend, had verdict and judgment against Kansas City, Missouri, in the sum of $6,000 for personal injuries sustained when he fell into a dry, unfenced concrete wading pool located in one of the city's parks immediately adjacent to the playground of a public school in which plaintiff was a pupil. The trial court, on motion of defendant, set aside the judgment on grounds of error in overruling its motion for a...

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