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PHILLIPS v. J.F. MARTIN CARTAGE CO.

No. 60412.

42 Ill. App.3d 890 (1976)

356 N.E.2d 1237

ROY PHILLIPS, a Minor, by his Father and Next Friend, Homer Phillips, Plaintiff-Appellee, v. J.F. MARTIN CARTAGE COMPANY, Defendant-Appellant. — (ACE SCAVENGER SERVICE, INC., Defendant.)

Appellate Court of Illinois — First District (1st Division).

Modified upon denial of rehearing November 4, 1976.

Attorney(s) appearing for the Case

Beverly, Pause, Duffy & O'Malley, of Chicago (Frank J. Pause, John J. O'Malley, and Dom J. Rizzi, of counsel), for appellant.

Michael H. Eiserman, of LaGrange (Kevin J. Karey, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE BURKE delivered the opinion of the court:

This is a negligence action brought to recover damages for personal injuries to a 12-year-old boy who was injured while trespassing on the defendant's premises. In a jury trial a verdict was rendered for the plaintiff. The defendant appeals from the judgment for $10,000 entered upon that verdict contending that it did not breach any legal duty to the plaintiff because the instrumentality...

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