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eBook details

• Title: Kremers v. City of West Chicago
• Author : Supreme Court of Illinois
• Release Date : January 21, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Like Kennerly v. Shell Oil Co., No. 34523, ante, p. 431, this case involves the relationship between the Workmens Compensation Act and the Scaffold Act. The plaintiff in this case was employed as a bricklayer by E.A. Marhoefer, Jr., Co. That company, (hereafter defendant) was engaged in the construction of a freight terminal for the Chicago, Milwaukee, St. Paul and Pacific Railway Co.. The plaintiff was injured when he fell from a ladder while climbing to a scaffold. He sued the defendant and the railroad under the Scaffold Act. The railroad answered, but the defendant filed a motion to dismiss on the ground that the Workmens Compensation Act barred the action against it. The trial court sustained the motion, dismissed the action against the defendant, and indicated that its judgment was appealable under section 50(2) of the Civil Practice Act. (Ill. Rev. Stat. 1957, chap. 110, par. 50.) The plaintiff appeals directly on the ground that the statutes, construed as the trial court construed them, are unconstitutional.

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