Schwartz v. Daegling

Citations

• 55 Ill. 342

Syllabus

<p>1. Contractor—of his duty and liability. A contractor in the erection of a building is bound to protect his work in all reasonable modes so as to preserve it from accident. He undertakes for the erection and completion of the building, or if only some of its parts, in a skillful and workmanlike manner, and to deliver it to the owner thus completed. To do so he must exercise skill, judgment and vigilance, and if, from a want of skill, or from carelessness, it falls or becomes injured, or is delayed in its completion beyond the time agreed upon, he is liable to respond in damages, though he is not required to guard against unusual and extraordinary tempests and inevitable accidents produced by the uncontrollable action of nature. His undertaking embraces all but the acts of God or the public enemy.</p> <p>2. Where a contractor engaged to do the brick work upon a building under the plan and direction of an architect, and before the walls were completed they were blown down in a storm, the architect having previously directed the mason to more securely brace them, which he neglected to do, it was held, if the direction was feasible, and if complied with would have Saved the building, the contractor would be liable for the injury. But if the injury was produced by an inevitable accident, over which he had no control, and would not have been prevented by reasonable efforts to further brace the walls, then he would not be liable.</p>