Ryan v. State Auto Parts Corp.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Plaintiff, while upon the premises of the defendant, was injured by falling down an elevator shaft negligently left open and unguarded. He brought suit to recover damages and upon trial had a verdict for $5,000, upon which judgment was entered and from which defendant appeals.

The major point urged for ground for reversal is that plaintiff was at the time of the accident, November 12, 1926, in the employ of the Motor Transportation Company which, with the defendant, was under the Illinois Workmen’s Compensation Act, Cahill’s St.…