WEICK, District Judge.
Plaintiff was a three year old boy who lost the sight of his right eye on November 19, 1955 as a result of its being struck by a part of a toy top which had come apart while he was playing with it in his home.
He originally filed suit in Delaware for personal injuries against the retailer who had sold the top. A summary judgment was there rendered for defendant on the ground that the defect complained of was a latent one for which the...
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