BORN v. MALLOY

No. 14860.

64 Ill. App.3d 181 (1978)

381 N.E.2d 52

MERLIN BORN, JR., Plaintiff-Appellant, v. JOHN J. MALLOY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed September 22, 1978.


Attorney(s) appearing for the Case

Philip C. Zimmerly and Paul E. Selin, both of Champaign, for appellant.

Rosenberg, Rosenberg, Bickes & Johnson, Chartered, of Decatur, for appellee.


Reversed and remanded.

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

Once again we are confronted with the problem of determining whether facts presented are sufficient to raise a factual question as to whether a person, here an owner, was "in charge of" the construction of a building within the meaning of section 9 of the Structural Work Act (Ill. Rev. Stat. 1975, ch. 48, par. 69).

Section 9 requires "[a]ny owner, contractor, sub...

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