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SEMMLER v. ACCETTURA

Gen. No. 48,206.

31 Ill. App.2d 249 (1961)

175 N.E.2d 297

Fred Semmler, a Minor, by Viola Semmler, His Mother and Next Friend, Plaintiff-Appellant, v. Guy S. Accettura, Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied May 24, 1961.

Attorney(s) appearing for the Case

Seymour Velk and Sherwin J. Malking, of Chicago, for appellant.

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (Kendall Griffith, of counsel) for appellee.

PRESIDING JUSTICE KILEY delivered the opinion of the court:

This is an action to recover damages for personal injuries suffered by a seven year old boy when he fell from a "slide" in defendant's backyard. The trial court dismissed the suit on defendant's motion. Plaintiff has appealed.

[1] The motion admits the well pleaded pertinent facts: The boy frequently played in the backyard with defendant's children and other children. In the backyard...

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