Harry Bail v. Cunningham Brothers, Inc., a Wisconsin Corporation

PELL, Circuit Judge.

Plaintiff Harry Bail brought this diversity action in the district court seeking to recover damages for personal injuries sustained as the result of his falling when a scaffold upon which he was working collapsed. Defendant Cunningham Brothers, Inc., a Wisconsin corporation, was the general contractor at the particular construction site, while plaintiff was employed as a brick mason by Davidson Masonry and Restoration, Inc., a subcontractor. The action was brought under the Illinois Structural Work Act, Ill.Rev.Stat. ch. 48, § 60 et seq. (1969), which imposes liability,…