Stucker v. American Stores Corp.

Wolcott,

Chancellor, delivering -the opinion of the Court:

The action below was instituted by the next friend of Francis Stucker, a boy ten years of age (herein referred to as the plaintiff) against American Stores Company, a corporation of this state (herein called the defendant) and one Ray Walls, charging the defendants with liability for a tortious injury sustained, by the plaintiff. The case here may be considered as against American Stores Company, it being the sole party defendant in error.

The original declaration contained only one count, to which the defendant, American Stores Company,…