Hamilton v. Green

Plaintiff sued to recover damages for injuries sustained when he fell while chasing ducks owned by defendants which had strayed to his premises. On defendants’ motion the trial court dismissed the initial and amended complaint of plaintiff, concluding that plaintiff failed to state a cause of action predicated upon section 1 of “An Act in relation to domestic animals running at large ° # *” (Ill. Rev. Stat. 1975, ch. 8, par. 1). Plaintiff filed a second amended complaint, re-alleging, as count I, the allegations which had earlier been dismissed by the trial court and asserting as count II, a…