Opinion
Gen. No. 41,549. (Abstract of Decision.)
Opinion filed March 2, 1943
DEATH BY WRONGFUL ACT, § 7 — liability for death of WPA workman. In action under Injuries Act to recover for death of WPA workman, who was killed when boom or crane portion of crane's dragline buckled and collapsed as operator of crane was attempting to remove trailer from ditch, held that evidence was sufficient to warrant jury in finding that decedent was free from contributory negligence and that proximate cause of decedent's fatal injuries was negligence of operator of crane, and that, as far as matter of liability was concerned, it was immaterial whether operator of crane who, with dragline, had been leased by defendant owner of dragline to WPA to excavate sewer trench was servant of defendant or of WPA, since crane operator in diverting the use of crane was acting entirely outside scope of his employment.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JACOB BERKOWITZ, presiding.
Judgment affirmed. Heard in second division, first district, this court at December term, 1940.
H.H. Patterson, for appellant;
Edmund C. Maurer, of counsel;
Rawlins Wright, for appellee.
"Not to be published in full." Opinion filed March 2, 1943.