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SMITH v. SPRINGMAN LUMBER CO.

Gen. No. 63-F-3.

41 Ill. App.2d 403 (1963)

191 N.E.2d 256

Carolyn Sue Smith, a Minor, by Her Father and Next Friend, Manuel Smith, Plaintiff-Appellee, v. Springman Lumber Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

May 28, 1963.

Attorney(s) appearing for the Case

Griffith & Hoefert, of Alton, for appellant.

Wiseman & Hallett, of Alton (Frank M. Rain, of East St. Louis, of counsel), for appellee.

HOFFMAN, JUSTICE.

This is an appeal from a judgment based upon a jury's verdict in favor of a minor plaintiff who was injured while at play upon defendant's premises.

The minor plaintiff, a child 7 1/2 years old, lived with her family in a three apartment dwelling owned by the defendant. A fuel oil tank which was no longer in use was located next to a tree in the side yard of the premises and about 15 feet from the apartment building. The tank rested on concrete...

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