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ZOERNER v. EISNER GROCERY CO.

Gen. No. 11,050.

111 Ill. App.2d 342 (1969)

250 N.E.2d 156

Cyril Edward Zoerner, III, a Minor, by Laura J. Zoerner, His Mother and Next Friend, Plaintiff-Appellant, v. Eisner Grocery Company, a Corporation, and Folding Carrier Corporation, a Corporation, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied September 4, 1969.

Attorney(s) appearing for the Case

Mort A. Segall, of Champaign, for appellant.

Franklin, Flynn & Palmer, and Hayes & Moore, of Champaign (Charles L. Palmer, of counsel), for appellees.

CRAVEN, P.J., delivered the opinion of the court.

In May of 1964, Mrs. Zoerner took her son (the plaintiff here), then aged two years, with her to a grocery store in Mahomet, Illinois, to do some grocery shopping. The store was owned and operated by Gerald Trinkle. Some products in the store were labeled "Eisner Grocery Company" and advertisements by the store bore the emblem of "Eisner Agency." The store owner had...

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