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PEACOCK v. CITY OF DEXTER

No. 10206.

544 S.W.2d 80 (1976)

Faye PEACOCK and Johnny Peacock, Plaintiffs-Appellants, v. The CITY OF DEXTER, a Municipal Corporation, Defendant-Respondent.

Missouri Court of Appeals, Springfield District.

November 23, 1976.

Attorney(s) appearing for the Case

James E. Spain, Briney, Welborn & Spain, Bloomfield, for plaintiffs-appellants.

Manuel Drumm, Drumm & Stamp, Sikeston, for defendant-respondent.

Before BILLINGS, C. J., and STONE and TITUS, JJ.

BILLINGS, Chief Judge.

A Stoddard County jury returned a verdict for the defendant in the plaintiffs' suit for the wrongful death by drowning of their four-year-old son. In this appeal1 the plaintiffs claim the trial court erred in giving an instruction tendered by the defendant, while the defendant contends the instruction was free of error and also that plaintiffs failed to present a submissible case of negligence. Since we conclude...

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