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BAILEY v. MONTGOMERY WARD AND COMPANY

No. 2 CA-CIV 313.

6 Ariz. App. 213 (1967)

431 P.2d 108

David W. BAILEY, by his guardian ad litem, Margaret P. Bailey, Appellant, v. MONTGOMERY WARD AND COMPANY, a corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied October 25, 1967.

Review Denied November 28, 1967.

Attorney(s) appearing for the Case

Lillian S. Fisher, Tucson, for appellant.

Browder & Gillenwater, by Robert W. Browder, Phoenix, for appellee.

HATHAWAY, Chief Judge.

David W. Bailey, a minor age 11, is the plaintiff in this personal injury action filed in superior court by his guardian ad litem. The action based on implied warranty and on tort was tried to a jury. The plaintiff has appealed from the superior court's granting the defendant's motion for a directed verdict and the plaintiff appeals from the judgment thereon.

The plaintiff's mother had seen advertisements of a pogo stick in the defendant...

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