Stubblefield v. City of Chicago

Plaintiff appeals from the judgment of the circuit court of Cook County entered upon allowance of defendant’s motion for judgment on the pleadings.

Plaintiff, a minor, was watching defendant, City of Chicago’s, fire department fight a fire when a fireman lost control of a fire hose which struck and injured him. The amended complaint alleges numerous acts of negligence by the firemen. The city pleaded section 5 — 103 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1969, ch. 85, par. 5 — 103(b)) as an affirmative defense and plaintiff moved to strike the…