Nelson v. Lewis

Mr. PRESIDING JUSTICE KARNS

delivered the opinion of the

court:

Plaintiff, by her father and next friend, brought an action under the Illinois “dog-bite” statute (Ill. Rev. Stat. 1973, ch. 8, par. 366) for injuries inflicted upon her by defendant’s dog. From judgment entered on a jury verdict for the defendant, she appeals.

On the date of her injury, plaintiff Jo Ann Nelson, a 2%-year-old, was playing “crack-the-whip” in defendant’s backyard with his daughter and other children. Jo Ann was on the end of the “whip.” The testimony shows that after she had been thrown off the whip, Jo Ann fell or…