Van Dekerkhov v. City of Herrin

The plaintiff, Gustave Van Dekerkhov, brought this action under the Structural Work Act (Ill. Rev. Stat. 1969, ch. 48, pars.
60-69) against the defendant, the City of Herrin. The circuit court of Williamson County granted the defendant's motion to
dismiss the complaint for failure to state a cause of action, and also granted the plaintiff leave to file an amended complaint
within 60 days. The plaintiff, however, elected to stand on his complaint, and judgment was entered for the defendant. The
Appellate Court, Fifth District, reversed and remanded, with one judge dissenting (130 Ill. App.2d 952), and we granted leave
to appeal. The complaint alleged that the defendant was the owner of a block of business buildings "and was in the process of, had charge
and control of the demolition of said buildings." It also alleged that the plaintiff "was employed as a foreman and laborer
by John Vander, a general contractor, engaged in the demolition and removal of said buildings;" that there were no scaffolds
erected by the defendant as required by the statute, and that as a result of the defendant's wilful violation of the statute
the plaintiff was injured.