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THOMAS v. GOODIES ICE CREAM CO.

No. 8607.

13 Ohio App. 2d 67 (1968)

THOMAS, A MINOR, APPELLANT, v. GOODIES ICE CREAM CO. ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided January 30, 1968.

Attorney(s) appearing for the Case

Messrs. Volkema, Redmond & Wolske and Mr. Henry Maser, for appellant.

Messrs. Caren, Lane, Huggard, Alton & Horst, for appellees.

DUFFEY, P. J.

This is an appeal from an order sustaining a motion to strike and dismissing the plaintiff appellant's petition.

The amended petition alleges that the plaintiff, appellant herein, was a child five years of age. Defendants, appellees herein, operated a vending business selling ice cream from a truck. The pertinent allegations are:

"(3) * * * the defendants stopped in said road in the 3500 block and rang a bell for the purpose of coaxing...

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