John J. Burke v. City St. Louis Book Reviews

John J. Burke v. City St. Louis by Supreme Court of North Dakota Book Summary

John J. Burke sued the City of St. Louis for $25,000 damages, claiming he, while an invitee, was caused to fall on the floor of the "Soldiers Memorial" of said city by reason of defendants negligence in permitting a slick and slippery substance to be and remain thereon. The city obtained leave to withdraw its answer "for the purpose of filing a motion to dismiss." Said motion alleged plaintiffs cause of action should be dismissed because from plaintiffs petition (quoting the citys motion) "plaintiffs cause of action, if any, arose out of his fall in the Soldiers Memorial in the City of St. Louis, the operation, maintenance and control of which is a governmental function performed by The City of St. Louis for the general benefit, health and welfare of the citizens of St. Louis, and, under such circumstances, plaintiff is not entitled to any legal redress against defendant, while acting in its governmental capacity." Upon the motion being presented and submitted by all parties, the court sustained the same and dismissed plaintiffs cause of action with prejudice. The plaintiff has appealed from this judgment of dismissal. The case is for determination upon rehearing.

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John J. Burke v. City St. Louis (Supreme Court of North Dakota) Book Reviews 2024

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