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HARDY v. SMITH

No. 14750.

61 Ill. App.3d 441 (1978)

378 N.E.2d 604

DALE HARDY, Indiv. and as Father and Next Friend of James Hardy, a Minor, Plaintiff-Appellant, v. DARLENE SMITH, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed July 7, 1978.

Attorney(s) appearing for the Case

Manion, Janov & Edgar, Ltd., of Hoopeston (Rick E. Janov, of counsel), for appellant.

Sebat, Swanson, Banks, Lessen & Garman, of Danville (Ralph J. Swanson, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE MILLS delivered the opinion of the court:

Can a 13-year-old minor be guilty of contributory negligence as a matter of law?

We say yes.

But let us see why.

• 1 James Hardy was injured at the intersection of Attica Street and a north-south alley in Rossville, Vermilion County, Illinois. The alley meets the sidewalk on Attica Street at less than a 90° angle and a building closely borders the southeast...

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