Gannon v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.

Plaintiff was employed as a bricklayer by E. H. Marhoefer, Jr., Company which was engaged in the construction of a trucking dock or terminal for the Chicago, Milwaukee, St. Paul and Pacific Railway Company, hereinafter referred to as the railroad, and was injured when he fell from a ladder while climbing to a scaffold. He sued Marhoefer and the railroad under the provisions of the Structural Work Act [Ill. Rev. Stat. 1959, ch. 48, §§ 60-69]. The railroad answered, hut Marhoefer filed a motion to dismiss on the ground that the Workmen’s Compensation Act [Ill. Rev. Stat. 1959, ch. 48, § 138.5,…