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VAN DEKERKHOV v. HERRIN

No. 69-130.

130 Ill. App.2d 952 (1971)

267 N.E.2d 23

GUSTAVE VAN DEKERKHOV, Plaintiff-Appellant, v. THE CITY OF HERRIN, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

February 11, 1971.

Attorney(s) appearing for the Case

Elmer Jenkins, of Benton, for appellant.

John E. Jacobsen of Craig & Craig, of Mt. Vernon, and Thomas W. Haney, of Herrin, for appellee.

Reversed and remanded.

Mr. JUSTICE MORAN delivered the opinion of the court:

Plaintiff filed suit under Chapter 48, Section 60-69, Illinois Revised Statutes 1967, commonly known as the Scaffold Act, and alleged that while he was employed as a foreman by John Vander, a general contractor, he was engaged in the demolition and removal of buildings owned by the defendant. Paragraph 2 of his complaint states:

"That on June 26, 1968, at approximately 1...

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