Donk Bros. Coal & Coke Co. v. Leavitt

Mr. Presiding Justice Bigelow

delivered the opinion of the court.

That the Supreme Court of this state has gone farther with reference to placing duties upon owners and occupants of dangerous premises, when children non sui juris are involved, than the decisions of many courts will warrant, is admitted by both the court itself and by text writers. City of Pekin v. McMahon, 154 Ill. 141; Siddall v. Jansen, 168 Ill. 43; 1 Thompson’s Commentaries on Law of Negligence, Secs. 1030-1037. Mo court has held that a child less than three years of age is anything in the eye of the law except non sui…