Pitts v. Basile

A verdict and judgment for $50,000 were entered in this negligence action against all defendants after a jury trial. The motion of Ambrose Maiers, d/b/a Pacific Toy House (hereinafter referred to as defendant), for judgment notwithstanding the verdict was allowed and plaintiff filed this appeal. Defendants Basile and Inzerillo, joint owners of the IGA Store, did not file post-trial motions and are not involved in the instant appeal.

On September 14, 1954, Lonnie Phillips, eight years old, went to the IGA Store at Newland and Grand Avenues in Chicago to obtain some darts. He testified:

When I…