JACOBSON v. 190 N. STATE ST., INC.

No. 54877.

2 Ill. App.3d 256 (1971)

276 N.E.2d 367

ANN JACOBSON, et al., Plaintiffs-Appellees, v. 190 NORTH STATE STREET, INC. et al., Defendants-Appellants, — (190 NORTH STATE STREET, INC. et al., Third-Party Plaintiffs-Appellees, v. FRED HAMILTON, Individually and d/b/a FRED HAMILTON DECORATING CO., Third-Party Defendant-Appellant.)

Appellate Court of Illinois — First District.

November 9, 1971.


Attorney(s) appearing for the Case

Howard and French, of Chicago, (Richard G. French, Stuart N. Litwin, and Gary E. Dienstag, of counsel,) for appellant.

John A. Doyle, Hugh J. McCarthy, and Joseph B. Lederleitner, all of Chicago, for appellee.

Robert L. Broady and George J. Gore, both of Chicago, for third-party defendant-appellant.


Reversed and remanded.

Mr. JUSTICE STAMOS delivered the opinion of the court:

This action was brought under the Structural Work Act of Illinois, sometimes referred to as the Scaffold Act (Ill. Rev. Stat. 1969, ch. 48, pars. 60, 69), to recover damages for the death of plaintiffs' father who fell from the top of an elevator cab while painting the elevator shafts in defendants' building. Defendants filed a third-party action against the decedent's employer,...

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