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PITTS v. BASILE

No. 39197.

35 Ill.2d 49 (1966)

219 N.E.2d 472

DALE PITTS, Appellee, v. JOSEPH BASILE et al. — (AMBROSE MAIERS, d/b/a PACIFIC TOY HOUSE, Appellant.)

Supreme Court of Illinois.

Rehearing denied September 21, 1966.

Attorney(s) appearing for the Case

ROSS, KRALOVEC, SWEENEY, & MARQUED, of Chicago, (HENRY J. MARQUED and EDWARD V. SCOBY, of counsel,) for appellant.

JOHN C. MULLEN, of Chicago, (JAMES P. CHAPMAN, of counsel,) for appellee.

Judgment reversed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

Dale Pitts, a minor, brought this action by his mother and next friend to recover for injuries incurred when he was struck in the eye by a dart thrown by another boy. The defendants were Joseph Basile and Salvatore Inzerillo, who operated the neighborhood grocery store at which the darts were purchased, and Ambrose Maiers, doing business as Pacific Toy House, the wholesaler who supplied...

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