Smith v. Metropolitan Sanitary District of Greater Chicago

delivered the

opinion of the court:

Plaintiff, John W. Smith, appealed from the judgment of the circuit court of Cook County entered in favor of defendant, W. E. O’Neil Construction Company, upon allowance of its motion for summary judgment. The circuit court made the requisite findings (58 Ill. 2d R. 304(a)), the appellate court reversed and remanded (61 Ill. App. 3d 103), and we allowed defendant’s petition for leave to appeal.

The relevant facts are adequately stated in the opinion of the appellate court and need not be repeated here. Defendant and S. J. Groves & Sons Company, a Minnesota…