#### John McCarren, Appellee, v. A. Isaac Radzinski et al. On Appeal of Wilmer A. Radzinski, Administrator, Appellant.

Gen. No. 18,381.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Affirmed.

Opinion filed October 9, 1913.

Rehearing denied October 23, 1913.

Statement of the Case.

Action by John McCarren against A. Isaac Radzinski to recover damages for personal injuries sustained by plaintiff while engaged as worker on a *30building in process of erection belonging to defendant. From a judgment for five thousand dollars, defendant appeals.

Abstract of the Decision.

1. Negligence, § 118 * -—when averment as to owner's control of building sufficient. Declaration in an action against owner for injuries under Act of 1907 (J. & A. ft 5368), requiring owner to provide for safety of persons in the construction of buildings sufficiently avers that owner retained control of building where it states that defendant constructed a derrick in an unsafe manner.

2. Negligence, § 126*—when averment as to due care on part of plaintiff, not necessary. Declaration averring wilful violation of Act of 1907 (J. & A. H 5368), in failing to provide for safety of plaintiff, states a cause of action without alleging due care on part of plaintiff.

3. Negligence, § 118*—when declaration states cause of action though statement of details insufficient. Declaration in action against owner under Act of 1907 (J. & A. j[ 5368), for injuries resulting from falling of derrick, held not defective in stating a cause of action though it failed to state clearly the details of the construction of the derrick.

4. Negligence, § 185*-—sufficiency of evidence. Evidence held insufficient to sustain defense that plaintiff settled claim with other defendants.

Blum & Blum, for appellant.

Jacob C. LeBosky and T. D. Hurley, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice McSurely

delivered the opinion of the court.