Wood v. COMMONWEALTH EDISON COMPANY

MEMORANDUM OF DECISION

TONE, District Judge.

Plaintiff, an employee of Aldridge Electric, Inc., was injured when, while stringing wire, he fell from a wooden utility pole owned by Commonwealth Edison Company. In Count I of his complaint plaintiff alleges liability of Commonwealth Edison Company, in part based upon violation of the Illinois Structural Work Act (Ill.Rev.Stats.1971, Ch. 48, §§ 60, 64 and 69). That defendant has moved for summary judgment on the ground that the Structural Work Act is not applicable.

The first issue for consideration is whether a wooden utility pole falls within the…