Teaney ex rel. Eggleston v. City of St. Joseph

TURNAGE, Judge.

Plaintiff appeals from an order of the trial court dismissing his petition. Plaintiff, a minor, filed his petition by his mother and next friend against the City of St. Joseph for injuries allegedly received in Pryor Park, owned and maintained by the City. In its most pertinent part to this inquiry, the petition alleged:

“That part of a metal pole was protruding from cement with a jagged edge, which had previously been a long pole supporting a Martin bird house and was in the area where people such as this plaintiff might play, and had so existed for a long time prior to this…