Opinion
Gen. No. 44,245. (Abstract of Decision.)
Opinion filed June 23, 1948 Released for publication July 12, 1948
WORKMEN'S COMPENSATION, § 185 — sufficiency of complaint by employer against third person. Complaint alleging that plaintiff and defendant entered into contract providing that defendant, as lessor, would rent to plaintiff, as lessee, construction equipment including a hoist for use of plaintiff and its employees in Utah, that contract provided that equipment should on delivery at job site be in condition to render efficient service, that plaintiff accepted hoist, relying upon terms of contract, that there was a hidden defect in hoist known to defendant but unknown to plaintiff, which made hoist unsafe, that by reason of faulty condition hoist collapsed injuring plaintiff's employee, that as direct and proximate result of breach of contract plaintiff had been required under Utah Workmen's Compensation Act to pay compensation to employee, and seeking recovery of that amount from defendant stated a cause of action (Ill. Rev. Stat. 1947, ch. 110, par. 157, subpar. (3); par. 166, subpars. (2), (3); Jones Ill. Stats. Ann. 104.033, subpar. (3), 104.042, subpars. (2), (3)).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. DONALD S. McKINLAY, Judge, presiding.
Reversed and remanded with directions. Heard in the third division, first district, this court at the October term, 1947.
Seago, Pipin, Bradley Vetter, for appellant;
Charles O. Butler, of counsel;
Concannon, Dillon, Snook Arthur, for appellee;
William H. Dillon and Herbert Morton, of counsel.
Not to be published in full. Opinion filed June 23, 1948; released for publication July 12, 1948.