Sickles v. Montgomery Ward & Co.

The motion by the defendant to dismiss for legal insufficiency the amended complaint which unites the infant’s cause of action for personal injuries with her parent’s derivative action is denied. According the pleading the benefit of fair inference and reasonable intendment it may be construed to allege that through a sale to his parent the defendant negligently put in the possession of an immature infant for his use an air gun and ammunition therefor who it knew or should have known because of his youth and his inexperience in handling such would be likely to employ in a manner involving…