Donehue v. Duvall

This is an action for personal injuries brought in the circuit court of White County. The amended complaint was dismissed for failure to state a cause of action, but on plaintiff’s appeal the appellate court reversed and remanded. (Donehue v. Duvall, 90 Ill. App. 2d 472.) We have granted defendants’ petition for leave to appeal.

The original complaint alleged that the plaintiff, a five-year-old boy, was hit in the eye by a hard clod of dirt thrown at him by another child. The action was brought, not against the other boy and his parents but against the people in whose yard the incident…