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AUDET v. CONVERY

187 A.2d 412 (1963)

Michael W. AUDET, a Minor Child, by his father and next friend, Edgar J. Audet, and Edgar J. Audet, individually, Plaintiffs, v. Kathleen CONVERY, a Minor Child, and Robert J. Convery, father of Kathleen Convery, and Farmers Mutual Insurance Company of Delaware, a Delaware corporation, Defendants.

Superior Court of Delaware, New Castle.

January 9, 1963.

Attorney(s) appearing for the Case

Edmund D. Lyons, of Morris, James, Hitchens & Williams, Wilmington, for plaintiffs.

David Snellenburg, II, of Killoran & Van Brunt, Wilmington, for defendants.

STOREY, Justice.

This is a motion for summary judgment filed by defendant, Kathleen Convery. The action sounds in tort and is predicated upon the loss of plaintiff's eye allegedly caused by a negligent act of defendant.

On June 29, 1961, defendant, Kathleen Convery, was six years, eleven months and three weeks old. She was playing "house" in a public park when the plaintiff, accompanied by some of his friends, interfered with the activities by sitting on a...

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