Bennett v. Musgrave

Mr. PRESIDING JUSTICE EBERSPACHER

delivered the opinion of the court:

The plaintiff brought this action to recover damages for loss of sight arising from a claimed violation of the Structural Work Act. (Ill. Rev. Stat. 1967, ch. 48, par. 60 et seq. 1 ) and common law negligence. The defendant filed a motion to strike the complaint for failure to state a cause of action. The defendants motion was sustained and judgment entered for the defendant, from which plaintiff appeals.

The only issue presented is on the pleadings. The question is whether the trial court was correct in sustaining defendant’s…