Thompson v. Dawson

James Stubblefield (defendant) owned a farm that was being frequented by a large stray dog. The dog would come and go from Stubblefield’s farm and wander around other properties in the area. For three or four days, before leaving on a short trip, Stubblefield put bowls of food and water near his barn to make sure the dog had enough to eat and drink. While Stubblefield was away, he arranged for Dave Dawson (defendant) to keep the bowls replenished. On Stubblefield’s return, Stubblefield intended to take the dog to the local animal shelter. Less than a week after Stubblefield first left food and water for the dog, the dog showed up at Dawson’s house, a half mile down the road from Stubblefield’s farm. The dog ran out onto the road just as Doris Thompson (plaintiff) rode past Dawson’s house on her motorcycle. The dog collided with the motorcycle, throwing Thompson off the motorcycle and onto the pavement, where Thompson sustained injuries. Thompson sued Stubblefield and Dawson for damages under the Illinois Animal Control Act (ACA). The trial court conducted a bench trial and heard evidence from which the court concluded that isolated acts of feeding or watering the dog were not enough to make either Stubblefield or Dawson a dog owner to whom ACA liability could be imputed. Thompson appealed the trial court’s judgment for the two men to the Illinois Appellate Court.