Thomas v. Goodies Ice Cream Co.

This is an appeal from an order sustaining a motion to strike and dismissing the plaintiff-appellant’s petition.

• The amended petition alleges that the plaintiff, appellant herein, was a child five years of age. Defendants, ap-pellees herein, operated a vending business selling ice cream from a truck. The pertinent allegations are:

“ (3) * * # the defendants stopped in said road in the 3500 block and rang a bell for the purpose of coaxing little children to come around the said truck, which was in the street in order to sell them certain ice cream products and other miscellaneous items; that…