Merkousko v. Janik

This is an action for personal injuries brought in the circuit court of Cook County by Lawrence Merkousko, father and next friend of the plaintiff, Lawrence P. Merkousko. Defendant, Theodore Janik, moved to dismiss the amended complaint, alleging that it was insufficent at law and failed to state a cause of action. The amended complaint was stricken and plaintiff’s cause of action was dismissed. The plaintiff appeals from that order.

The amended complaint alleged that the plaintiff, a seven year old boy, sustained injuries on 10 October 1968 when he fell from a tree, located on defendant’s…