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McNAIRY v. KUP REALTY CO., INC.

Gen. No. 49,875.

59 Ill. App.2d 463 (1965)

208 N.E.2d 88

Mildred Brown McNairy, Administratrix of the Estate of Jeffrey Sawyer, Deceased, Plaintiff-Appellant, v. Kup Realty Company, Inc., an Illinois Corporation, Sanford S. Bower and Evelyn L. Bower, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

May 24, 1965.

Attorney(s) appearing for the Case

Herbert P. Veldenz and Seymour Ogden, of Chicago (Herbert P. Veldenz and Vera E. Cuthbert, of counsel), for appellant.

Orner & Wasserman, of Chicago (Norton Wasserman and Joseph B. Lederleitner, of counsel), for appellees.

MR. JUSTICE MURPHY delivered the opinion of the court.

This is a wrongful death action in which a twenty-one month old child was fatally injured in a fall from an outside rear stairway landing. Plaintiff appeals, contending "the trial court erred in directing a verdict for the defendants and in denying plaintiff's motion for a new trial."

[1-4] A motion for a directed verdict, either at the close of the evidence for plaintiff or at the close of...

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