Charles W. Holland v. City Fenton by Court of Appeals of Missouri

Charles W. Holland v. City Fenton

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ROBERT E. CRIST, Judge Plaintiffs appeal the order of the trial court dismissing their second amended petition against defendant
(city) for negligence in creating and/or maintaining a dangerous condition in a public park owned and maintained by city.
We affirm. When reviewing the dismissal of a petition for failure to state a claim, the facts alleged are taken as true and the pleader
is entitled to all inferences fairly deduced therefrom. Counts v. Morrison-Knudsen, Inc., 663 S.W.2d 357, 360 [2] (Mo.App.
1983). However, the Conclusions of the pleader are not admitted. Id.

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