Opinion
Gen. No. 43,259. (Abstract of Decision.)
Opinion filed February 13, 1945 Released for publication March 5, 1945
EXPLOSIVES AND COMBUSTIBLES, § 2 — intervening act of child as not relieving from liability for breach of duty. In action to recover damages for personal injuries, wherein complaint charged that defendant allowed children to use his garage for recreation with full knowledge that he had stored therein quantities of explosive liquids and substances which were inherently dangerous, and that while children were in and about garage, one child, while handling receptacle containing explosive, caused it to be ignited and thrown upon plaintiff, injuring him, held that complaint sufficiently stated cause of action as to defendant's negligence, since act of child was not such intervening cause as would relieve owner of commodity from liability for breach of his duty to use reasonable care to protect children from inherent danger.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding. Orders reversed and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1944.
Louis Z. Grant, Krohn MacDonald and Jack L. Sachs, for appellant;
Stuart B. Krohn and Ian P. MacDonald, of counsel;
Stanley T. Gross, for appellee.
Not to be published in full. Opinion filed February 13, 1945; released for publication March 5, 1945.