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DIMUCCI v. GARNELLO

Gen. No. 48,981.

43 Ill. App.2d 426 (1963)

193 N.E.2d 601

Robert Dimucci, a Minor, by Salvatore Dimucci, His Father and Next Friend, Plaintiff-Appellant, v. Samuel Garnello, et al., d/b/a Porretta & Torti Co., Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied November 15, 1963.

Attorney(s) appearing for the Case

James J. Kilgallon, of Chicago, for appellant.

Voigt & Poulakidas, of Chicago (Angelos G. Poulakidas and Gerald M. Chapman, of counsel), for appellee, Samuel Palumbo. Berchem, Schwantes & Thuma, all of Chicago (Donald N. Berchem and John J. Ryan, of counsel), for appellees, Samuel Garnello, Annette Garnello, Valentino Porretta and Albert Torti.

MR. JUSTICE BURMAN delivered the opinion of the court.

Plaintiff appeals from a judgment entered upon a verdict of not guilty in an action brought by the father and next friend to recover damages for personal injuries sustained by Robert Dimucci, a minor, who fell from his tricycle into an excavation adjoining a private sidewalk. Plaintiff's post-trial motion for a new trial was overruled.

The plaintiff, a boy of five years, on the date of the occurrence,...

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