Smith v. Gleason

Plaintiffs, Gary and Linda Smith, appeal from the trial court’s order dismissing counts I, II, and V of their third amended complaint against defendant, Robert Gleason. Plaintiffs brought this action to recover for injuries Linda sustained when her car collided with a horse owned by Arlie Glass and boarded by Ezell Robins on Gleason’s property. Plaintiffs contend on appeal that their complaint was improperly dismissed against Gleason because they stated a cause of action for negligence and for a violation of “An Act to revise the law in relation to fences” (the Fence Act) (Ill. Rev. Stat.…