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GALARZA v. MELTER

Gen. No. 52,387.

116 Ill. App.2d 173 (1969)

253 N.E.2d 469

Ramonita Galarza, a Minor, by Amelia Galarza, Her Mother and Next Friend, Plaintiff-Appellee, v. Lottie Melter, Administratrix of the Estate of Ella Randall, Deceased, Defendant-Appellant.

Appellate Court of Illinois — First District, Fourth Division.

October 29, 1969.

Attorney(s) appearing for the Case

Morton H. Meyer and Gerrard and Gerrard, of Chicago (Michael A. Gerrard and Allen S. Gerrard, of counsel), for appellant.

John G. Phillips, Grossman & Mitzenmacher, and Edwin A. Strugala, of Chicago (John G. Phillips and Edwin A. Strugala, of counsel), for appellee.

MR. JUSTICE STAMOS delivered the opinion of the court.

Ramonita Galarza, a 3-year-old child, was injured as a result of falling through an open bedroom window located on the second floor of the premises located at 1001 North Francisco Avenue in Chicago. The trial court directed the jury to find the issues in favor of plaintiff on the question of liability when defendant did not adduce any evidence but rested after plaintiff's case was presented. The jury deliberated...

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