TROTTER v. SIRINEK

No. 35502.

515 S.W.2d 67 (1974)

Herbert Lee TROTTER, a minor, by his next friend, Pearlie Mae Trotter, Plaintiff-Appellant, v. David SIRINEK and Donald Jones, Defendants-Respondents.

Missouri Court of Appeals, St. Louis District, Division No. 1.

October 15, 1974.


Attorney(s) appearing for the Case

Liberman, Baron & Goldstein, St. Louis, for plaintiff-appellant.

James L. Rohlfing, St. Louis, for defendants-respondents.


KELLY, Judge.

This is an appeal from an order of the Circuit Court of the City of St. Louis dismissing appellant's amended petition on the grounds that it fails to state a claim upon which relief can be granted. We reverse.

Where a petition is attacked by a motion to dismiss for failure to state a claim the facts alleged are taken to be true and the pleader is entitled to all favorable inferences fairly deducible therefrom; if the facts pleaded and the reasonable...

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