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MELFORD v. GAUS & BROWN CONST. CO., INC.

Gen. No. 47,199.

17 Ill. App.2d 497 (1958)

151 N.E.2d 128

George Melford, Jr., a Minor, by George Melford, His Father and Next Friend, and George Melford, Appellee, v. Gaus and Brown Construction Co., Inc., Appellant.

Appellate Court of Illinois — First District, Second Division.

Released for publication July 1, 1958.

Attorney(s) appearing for the Case

Kirkland, Fleming, Green, Martin & Ellis, of Chicago (David Jacker, William H. Symmes, and Robert Klugman, of counsel) for appellant.

Owens, Owens & Rinn, of Chicago (John E. Owens, and Walter B. Bieschke, of counsel) for appellee.

PRESIDING JUSTICE KILEY delivered the opinion of the court.

This is a personal injury action in behalf of a minor child injured while playing on and about the excavation and foundation for a new building on Lincoln Avenue in Chicago. Verdict and judgment were in plaintiff's favor for $20,000 and defendant appeals.

The minor, Melford Jr., then nine years of age, was injured June 27, 1950, when, while playing tag with another boy, he fell backwards over the...

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