Kiszkan v. Texas Co.

This cause is heard on appeal of plaintiff, Paul Kiszkan, from a judgment of the Appellate Court, affirming the summary judgment entered by the superior court of Cook County in favor of defendant, The Texas Company, and dismissing plaintiff’s action against defendant under the Structural Work Act.

The sole issue is whether an owner, who is a lessor not in possession of the premises, comes within the terms and provisions of section 9 of the Structural Work Act, so that liability may be imposed upon it for wilful failure to comply with the act.

The facts appearing from the pleadings and…