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KLINE v. J.C. PENNEY CO.

Docket No. 17323.

153 Cal.App.2d 717 (1957)

314 P.2d 989

TERRY KLINE, a Minor, etc., Respondent, v. J.C. PENNEY COMPANY (a Corporation), Appellant.

Court of Appeals of California, First District, Division Two.

September 11, 1957.

Attorney(s) appearing for the Case

Campbell, Custer, Warburton & Britton, Frank L. Custer and W.R. Dunn for Appellant.

Boccardo, Blum, Lull, Niland & Teerlink and Edward J. Niland for Respondent.

BRAZIL, J. pro tem.*

Six-year-old plaintiff Terry Kline prevailed before a jury in an action for damages against defendant J.C. Penney Stores. From the judgment, after denial of its motion for a new trial, the defendant appeals.

The child injured his hand one day when he was in the store with his mother and sister who were interested in buying some clothes. While they were thus preoccupied, Terry went over to the end of the escalator...

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