BISHOP v. SEARS, ROEBUCK & CO.

Gen. No. 53,136.

105 Ill. App.2d 333 (1969)

245 N.E.2d 517

Daniel Bishop, a Minor, by His Father and Next Friend, Austin Bishop, Plaintiff-Appellant, v. Sears, Roebuck and Co., a Corporation, Defendant-Appellee.

Appellate Court of Illinois — First District.

February 3, 1969.


Attorney(s) appearing for the Case

Harold H. Margules, of Chicago (Charles T. Booher, Jr., of counsel), for appellant.

Arnstein, Gluck, Weitzenfeld & Minow, of Chicago (John F. McClure and Paul L. Leeds, of counsel), for appellee.


ALLOY, P.J.

A summary judgment in favor of Sears, Roebuck and Co. was entered in an action instituted by Daniel Bishop, a minor, by his father and next friend, Austin Bishop. The complaint against defendant alleged that the minor, aged 4 1/2 years, sustained injuries when he fell from a "retaining wall" between defendant's parking lot and a sidewalk. The amended complaint alleged substantially as follows:

(1) that plaintiff was exercising due care;

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