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SMITH v. CONSOLIDATED SCHOOL DISTRICT NO. 2

No. 51349.

408 S.W.2d 50 (1966)

Terry Lee SMITH, a minor, by his Mother and Next Friend, Peggy Smith, Appellant, v. CONSOLIDATED SCHOOL DISTRICT NO. 2, Joe Herndon, Superintendent of Consolidated School District No. 2, and H. Robert Cradock, Respondents.

Supreme Court of Missouri, En Banc.

November 14, 1966.

Attorney(s) appearing for the Case

Donald F. Price, Clem W. Fairchild, Herbert M. Kohn, Kansas City, of counsel, Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, for appellant.

James H. Greene, Jr., Raytown, E. E. Thompson, Kansas City, of counsel, Popham, Thompson, Popham, Trusty & Conway, Kansas City, for respondents.

HOLMAN, Judge.

Plaintiff, a minor, sued the defendant school district, its superintendent, and a physical education instructor for alleged negligence, praying $35,000 in damages for his personal injuries. Each defendant filed a separate motion to dismiss for failure to state a claim on which relief could be granted. All three motions were sustained. Plaintiff filed his motion to amend the judgment or for a new trial, and therein stated, among other things, that the...

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