BENNETT v. MUSGRAVE

No. 69-76.

130 Ill. App.2d 891 (1970)

266 N.E.2d 128

SAM BENNETT, Plaintiff-Appellant, v. DANVER MUSGRAVE, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

December 28, 1970.


Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon, of Chicago, and Eagleton, Newlin and Douglas, of Robinson, (Harold W. Huff, Robert L. Douglas, & Lenard C. Swanson, of counsel,) for appellant.

Jack E. Horsley and Richard F. Record, Jr., of Mattoon, (Carroll T. Cox, of counsel,) for appellee.


Reversed and cause remanded.

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

The plaintiff brought this action to recover damages for loss of sight arising from a claimed violation of the Structural Work Act. (Ill. Rev. Stat. 1967, ch. 48, par. 60 et seq.1) and common law negligence. The defendant filed a motion to strike the complaint for failure to state a cause of action. The defendant's motion was...

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