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PIERCE v. WALTERS

No. 272A66.

283 N.E.2d 560 (1972)

Billy E. PIERCE, Jr., by His Next Friend, Billy Pierce, Plaintiff-Appellant, v. Thomas D. WALTERS, Defendant-Appellee.

Court of Appeals of Indiana, First District.

June 8, 1972.

Attorney(s) appearing for the Case

James H. Kelly, Taylor & Kelly, Martinsville, for appellant.

Lawrence McTurnan, Thomas A. Withrow, Bredell, Martin & McTurnan, Indianapolis, William H. Wehrle, Martinsville, for appellee.

LOWDERMILK, Judge.

This case comes to us for review on one issue only, that issue being "Is there any genuine issue as to material fact which would entitle plaintiff-appellant to trial by jury?"

Plaintiff-appellant at the time of the accident complained of was a ten year old boy who, with his father, went to visit his grandmother and step-grandfather, Thomas D. Walters, the defendant-appellee herein, on Mr. Walters' farm.

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