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MARAMBA v. NEUMAN

Gen. No. 51,033.

82 Ill. App.2d 95 (1967)

227 N.E.2d 80

Joseph Maramba, a Minor, by Daniel Maramba, His Father and Next Friend, and Daniel Maramba, Individually, Plaintiffs-Appellants v. Gerald C. Neuman, Individually and as Guardian for James Neuman, a Minor, and James Neuman and Polk Bros., Inc., an Illinois Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

April 6, 1967.

Attorney(s) appearing for the Case

Reibman & Hoffman, of Chicago (Sheldon N. Reibman and Burton L. Hoffman, of counsel), for appellant.

Lord, Bissell & Brook, of Chicago (Richard E. Mueller and John F. O'Meara, of counsel), for appellee.

MR. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court.

Plaintiffs appeal from an order sustaining a motion of the defendant, Polk Bros. Inc., to strike and dismiss the amended complaint.

The main point argued by plaintiffs on this appeal is that every person owes to all others a duty to exercise ordinary care to guard against injury which may naturally flow as a reasonable, probable and foreseeable consequence of his act.

The amended complaint...

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