Chittum v. Evanston Fuel & Material Co.

This appeal arises out of a wrongful death action brought by the administrator of the estate of Julie Ann Dickelman. The deceased was riding a horse owned by the defendant, W. Douglas Wallace, when the horse ran out of control onto a highway and collided with a cement truck. The collision resulted in the death of Dickelman. Plaintiff brought a six-count complaint for damages and two of these counts stated an action based on section 16 of the Animal Control Act (Ill. Rev. Stat. 1979, ch. 8, par. 366). The trial court granted defendant’s motion to dismiss those counts, relying on section 16,…