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SANDERS v. LUKE

No. 4323.

92 So.2d 156 (1957)

Gorden C. SANDERS, for and on behalf of his minor son, David C. Sanders, Plaintiff-Appellant, v. Herbert LUKE, Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 4, 1957.

Attorney(s) appearing for the Case

Blanchard & Blanchard, Donaldsonville, for appellant.

Bauer & Bauer, Franklin, for appellee.

TATE, Judge.

While playing "Robin Hood" together, plaintiff's 11 year old son was struck in the eye by an "arrow" (twig) fired by defendant's boy, aged 10. After trial on the merits, the District Court dismissed plaintiff's suit. Defendant answers plaintiff's appeal, by re-urging his motion (overruled below) that the cause be dismissed for five years' non-prosecution; alternatively urging affirmance of the dismissal on the merits.

Counsel for defendant devoted...

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