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BERRY v. HOWE

No. 31612.

39 Wn.2d 235 (1951)

235 P.2d 170

GENE BERRY, a Minor, by Lloyd M. Berry, his Guardian ad Litem, Appellant, v. DAVID HOWE et al., Respondents.

The Supreme Court of Washington, Department Two.

August 23, 1951.

Attorney(s) appearing for the Case

Bogle, Bogle & Gates, Thomas L. Morrow, and J. Tyler Hull, for appellant.

Preston, Thorgrimson & Horowitz, for respondents.

MALLERY, J.

This action was brought by the guardian of Gene Berry, a minor eleven years of age, to recover for injuries to his left eye, which was hit by a golf ball driven by the defendant, David Howe.

The first trial of this action was to a jury, which found for the defendant. The plaintiff appealed and secured a new trial because of erroneous instructions given to the jury. See Berry v. Howe, 34 Wn.2d 403, 208 P.2d 1174. The case was then retried...

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