Keller v. Keklikian

BARRETT, C

In this action for $15,400 damages for personal injuries and damage to property the trial court has sustained the defendant’s motion to dismiss the plaintiff’s petition. In effect the trial court hqs entered judgment for the defendant upon the pleadings (Mo. R. S. 1949, Sec. 509.360) for the reason that the plaintiff is not entitled to maintain this action. Upon this appeal by the plaintiff the specific question for decision is whether, under the facts and circumstances set forth in all the pleadings, the cause of action or claim alleged in the plaintiff’s petition was such a…