Gutierrez v. Sutton Vending Service, Inc.

OPINION

By the Court,

Thompson, J.:

On October 12, 1961, eight year old Jacob Gutierrez went to a service station to get a candy bar from an automatic vending machine. He put his nickel in the slot, pulled the knob, and the machine toppled over upon him. He was immediately taken to the hospital where a two and a half inch laceration above his right eyebrow was sutured and a contusion to his right knee treated. X-rays of his skull and knee were normal. He was released immediately. The hospital bill was $59. About three weeks later Jacob’s father, as guardian ad litem, filed a damage suit against…