Richey Ex Rel. Richey v. Kemper

STOCKARD, Commissioner.

Plaintiff has appealed from the judgment of the trial court dismissing his petition for failure to state a claim upon which relief may be granted. The prayer was for damages in the amount of $25,000, and this court has appellate jurisdiction.

Plaintiff alleged that defendant subdivided land owned by him into city lots which he sold, but that he retained a “house and large lot next to and adjacent to” the subdivision; that defendant “actively encouraged and expressly invited small children living next to his retained premises to use his aforesaid large lot as a playground…