Kahn v. James Burton Co‪.‬

Petition for leave to appeal from the First District Appellate Court has been granted. The Appellate Court decision reversed
the judgment of the superior court of Cook County and remanded the cause with directions to enter judgment for the defendants,
James Burton Company, a corporation, and Malkov Lumber Company, Inc., a corporation, and against the plaintiff, Lee Roy Kahn.
Defendants, Jacob A. Krieger and Bessie Krieger, were not involved in any proceedings subsequent to entry of judgment in the
trial court, the trial court having directed a verdict in their favor and plaintiff having assigned no error for such action.
This suit concerns personal injuries received by a minor upon a vacant lot in Chicago owned by the Kriegers and upon which
a two-story brick home was being constructed for them by the defendant James Burton Company, a construction company. The child
was injured when a pile of lumber upon which he had been playing toppled over and certain boards of the pile fell upon him.
The lumber was delivered by the defendant Malkov Lumber Company, Inc., on the day prior to the occurrence. Plaintiff, a minor, eleven years of age at the time of the occurrence, instituted the action by his father as next friend.
He is the appellant here and shall hereinafter be referred to as plaintiff. Defendant James Burton Company will hereinafter
be referred to as the contractor, and defendant Malkov Lumber Company, Inc., will hereinafter be referred to as the lumber
company, said defendants being the appellees in this court.