Tuskey v. Callos

The plaintiff, a minor, brought suit by and through his father in the Circuit Court of DuPage County to recover his damages for personal injuries suffered in an accident on November 23, 1963, allegedly caused by the negligence of the defendant. The jury returned a verdict in favor of the defendant and the trial court denied the plaintiff’s motion for a new trial. This appeal followed.

Patrick Tuskey was four days short of eight years old on the day of the accident. His parents had driven him to St. Joan of Arc Church in the Village of Lisle for religious instruction at approximately 9:30 a. m.…