Laffoon v. Bell & Zoller Coal Co.

Mr. JUSTICE GEORGE J. MORAN,

dissenting:

I do not agree that plaintiff is an employee of Bell & Zoller so as to preclude him from suing under the Structural Work Act (Ill. Rev. Stat., ch. 48, par. 60 ets eq.). In the recent case of M & M Electric Co. v. Industrial Com., 57 Ill.2d 113, our supreme court reiterated the established principle of law that a contract of employment cannot exist without the consent of both parties, saying at page 119:

“It is not possible for a contract of employment to exist without the consent of the parties, and as pointed out by this court in McHugh-Brighton v.…