Peacock v. City of Dexter

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 defendant’s latter contention is sound, we affirm.

There is no dispute between the parties as to the facts and circumstances which led to the tragic death of…