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VANDERLEI v. HEIDEMAN

No. 79-243.

83 Ill. App.3d 158 (1980)

403 N.E.2d 756

RUSSELL L. VANDERLEI, Plaintiff-Appellee, v. KEN HEIDEMAN, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed April 15, 1980.

Attorney(s) appearing for the Case

Puckett, Barnett, Larson, Mickey, Wilson & Ochsenschlager, of Aurora (Bernard K. Weiler and Peter K. Wilson, Jr., of counsel), for appellant.

Andrew H. Marsch, of Wheaton, and William J. Harte, of Chicago, for appellee.

Judgment reversed.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The question raised by this appeal is whether the owner of a horse is strictly liable under the Animal Control Act (Ill. Rev. Stat. 1977, ch. 8, par. 366) for injury to a hired horseshoer, who without provocation is kicked by the animal.

The plaintiff has been a licensed horseshoer since 1972 and has been actively engaged in the business of shoeing horses either...

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