Margaret Ann Peters, a Minor, by Lillian Peters, Her Mother and Next Friend v. Daniel Fitzpatrick

KILEY, Circuit Judge.

This diversity suit is to recover damages for personal injuries to a four year old child. On the trial of liability alone, the verdict and judgment were for defendant, and plaintiff has appealed.

About 7:00 o’clock on a clear, bright, dry morning in April, 1951, Mrs. Peters, mother of the plaintiff, was carrying her small baby and some goods north across Wilcox Street in Chicago. Mrs. Peters had asked Mr. and Mrs. Higgenbottom, relatives who lived in the Peters apartment, to see that her four year old child “got across.” Mrs. Peters passed between two of the parked cars on…