Legal Opinion · Dissent

Louis v. Barenfanger

Illinois Supreme Court

Decided March 28, 1968No. 40661Published

1DissentJustice Underwood

It is not disputed that plaintiff fell while walking along a series of metal girders known as long span steel joists and T-rails and that these formed a permanent and integral part of the building under construction. The opinion of a majority of my colleagues extending the scope of the Structural Work Act to impose a duty to erect scaffolding and to include as such the integral and permanent portions of buildings is a substantial departure from the heretofore consistent interpretations of that Act to the contrary.

The third amended complaint in this case was dismissed as failing to state a…

2Cases cited15 opinions

  1. Miller v. DeWittIllinois Supreme Court · 1967
  2. Larson v. Commonwealth Edison Co.Illinois Supreme Court · 1965
  3. Schultz v. Henry Ericsson Co.Illinois Supreme Court · 1914
  4. Miller v. DeWittAppellate Court of Illinois · 1965
  5. Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912

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