McBeath v. Rawle
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900. Statement.—Appellants were stone-setting contractors and employed Thomas Rawle, appellee’s intestate, as an expert stone-setter.
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Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900. Statement.—Appellants were stone-setting contractors and employed Thomas Rawle, appellee’s intestate, as an expert stone-setter. While engaged in setting stone upon a building in Chicago, the scaffold upon which Rawle was-working gave way and fell, and Rawle was so injured that he died. The scaffold was constructed by a brick-mason contractor who was doing the brick-work upon the building. It…
1Opinion of the Court
Hr. Justice Sears
delivered the opinion of the court.
The evidence is sufficient to establish that the scaffold in question was insecure by reason of a defective scantling used as one of the supports, and that the defect, viz., a knot which weakened the scantling, was apparent upon the surface of the scantling and could have been detected by inspection.
Counsel for appellants contend that there can be no liability imposed upon appellants by reason of the defective condition of the scaffold, because the scaffold was furnished by the brick-mason contractor and hot by appellants. We are of opinion…
2Cases cited13 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
- Goldie v. WernerIllinois Supreme Court · 1894
- Howe v. MedarisIllinois Supreme Court · 1899
- Chicago, Burlington & Quincy Railroad v. AveryIllinois Supreme Court · 1884
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3Cited by7 opinions
- Porter v. Terminal Railroad Ass'n of St. LouisAppellate Court of Illinois · 1946
- Cheatham v. HoganWashington Supreme Court · 1908
- Ralph v. American Bridge Co. of New YorkWashington Supreme Court · 1902
- Casey v. William Grace Co.Appellate Court of Illinois · 1912
- Raines v. Tetley-Klein Lumber Co.Missouri Court of Appeals · 1910
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