PETERS v. FITZPATRICK

No. 13644.

310 F.2d 704 (1962)

Margaret Ann PETERS, a minor, by Lillian Peters, her mother and next friend, Plaintiffs-Appellants, v. Daniel FITZPATRICK, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 28, 1962.


Attorney(s) appearing for the Case

Frank J. Mackey, Jr., Louis P. Miller, Chicago, Ill., for appellant.

Oswell G. Treadway, Joseph H. Hinshaw, Leonel I. Hatch, Jr., Chicago, Ill., for appellee.

Before SCHNACKENBERG, KNOCH, and KILEY, Circuit Judges.


KILEY, Circuit Judge.

This diversity suit is to recover damages for personal injuries to a four year old child. On the trial of liability alone, the verdict and judgment were for defendant, and plaintiff has appealed.

About 7:00 o'clock on a clear, bright, dry morning in April, 1951, Mrs. Peters, mother of the plaintiff, was carrying her small baby and some goods north across Wilcox Street in Chicago. Mrs. Peters had asked Mr. and Mrs. Higgenbottom, relatives...

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