Warren v. Meeker

This action was commenced in the circuit court of Jefferson County based solely upon an alleged violation of the Structural Work Act, more commonly referred to as the Scaffold Act. (Ill. Rev. Stat. 1969, ch. 48, par. 60 et seq.) The complaint was dismissed upon defendants' motions. The appellate court affirmed, holding that plaintiff's activity did not place him within the purview of the Act (Warren v. Meeker, 6 Ill. App.3d 514), and we granted leave to appeal. The issue presented is whether the complaint was sufficient to state a cause of action under the aforementioned statute. The complaint in substance alleged that plaintiff, LeRoy Warren, was employed by defendant, Harold Davis, on the date of the accident (February 27, 1969); that located on Davis' property was a grain silo constructed August, 1967, under the control and supervision of Davis and the co-defendant, Donald Meeker, d/b/a Meeker bins (hereinafter Meeker); that the silo was leased from Meeker to Davis; that Davis was in charge of the silo on the date of the accident; that plaintiff in order to repair a part of the silo known as a sweeping auger, which was temporarily not functioning due to a failure in its power supply hookup, ascended a ladder which had been permanently attached to the silo at the time of its construction; that this ladder had been erected, inter alia, for use in repair of the silo; that a rung gave way causing him to fall and injure himself; and that the ladder was defectively constructed by defendants, for several enumerated reasons, and continuously maintained by them in violation of the Act. Further, in answer to interrogatories, plaintiff stated that on the date of the alleged accident he was employed as a farm hand.