Boehne v. Elgin Packing Co.

Mr. JUSTICE THOMAS J. MORAN

dissenting:

I believe tire question posed by this case is not whether the limb was inherently dangerous, but whether the position of the limb, in its unnatural state, made it inherently dangerous.

In my view, the cases cited by the majority are distinguishable. In each, the injury was not caused solely by the natural objects but was contributed to by the positive acts of a person. In Donehue and Landman the dirt and sand were thrown by a child. In Krakowiak, the plaintiff herself ran up the mound of earth causing her collision with the tree. See also, Reeves v. City…