Dimucci v. Garnello

Plaintiff appeals from a judgment entered upon a verdict of not guilty in an action brought by the father and next friend to recover damages for personal injuries sustained by Robert Dimucci, a minor, who fell from his tricycle into an excavation adjoining a private sidewalk. Plaintiff’s post-trial motion for a new trial was overruled.

The plaintiff, a boy of five years, on the date of the occurrence, May 7, 1950, resided with his parents at 1657 North Nórdica Avenue, Chicago, Illinois. Immediately south of them was a residence owned by a family named Debias. Adjoining the Debias residence was…