Cox ex rel. Cox v. Gros

BARRETT, Commissioner.

This is an action to recover $35,000 damages for personal injuries sustained by Dennis Cox, age five. The trial court sustained a motion to dismiss the plaintiff’s petition and the question upon this appeal is whether the petition states a claim upon which relief could be granted.

In general the petition alleges that the defendant Gros owned and operated a business at 3009-3011 Missouri Avenue known as Gros Marble Company and that on July 10, 1959, Dennis was injured “on a piece of cut, sharp, pointed and jagged marble, created and maintained by defendant.” While the…