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JORGENSEN v. NUDELMAN

Gen. No. 48,790.

45 Ill. App.2d 350 (1963)

195 N.E.2d 422

Jo Anne Jorgensen, a Minor, by Arthur M. Jorgensen, Her Father and Next Friend, Plaintiff-Appellant, v. David Nudelman, a Minor, by Harold Nudelman, Father and Guardian ad litem, Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

December 31, 1963.

Attorney(s) appearing for the Case

Burthmore, Good, Bobinette & Myers, of Chicago (Harry L. Rickard and Charles K. Bobinette, of counsel), for appellant.

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (Oswell G. Treadway, of counsel), for appellee.

MR. PRESIDING JUSTICE ENGLISH delivered the opinion of the court.

The complaint, brought on behalf of a nine-year-old girl, alleged that defendant, a six-year-old boy, struck her with a stone, causing loss of sight in one eye. Defendant's motion for summary judgment was allowed and the complaint was dismissed by the trial court which held that defendant as a matter of law was conclusively presumed not responsible for...

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