Joseph McKenna, Chicago Dock Canal Company v. Fraley…
“ If of belief, we should be very reluctant to oppose ours to that of the legislature of the state, informed, no doubt, by experience, of conditions, and fortified by presumptions of legality, and confirmed, besides, by the opinion of the supreme court of the state. ”
Joseph McKenna, Chicago Dock Canal Company v. Fraley…
“ It may be that it would have been more complete if it had gone farther and recognized and provided against the danger that all uninclosed openings in a building might cause, and should not have distinguished between hoists inside of a building and those outside; but we do not see how plaintiff in error is concerned with the omissions. It is not discriminated against. All in its situation are treated alike. What the statute enjoins, it enjoins not only of plaintiff in error, but of all similarly situated. What it does not enjoin, plaintiff in error cannot complain of. ”
Joseph McKenna, Chicago Dock Canal Company v. Fraley…
“ Section 7, counsel says, 'requires that but one of these classes be barricaded; namely, those openings used for hoisting materials to be used in construction.' And, asserting the purpose of the act to be to protect those lawfully on the premises against danger from falling materials, he adds, 'that in a case like this, use cannot be made the test. Danger is the thing;' and hence concludes that the classification of the statute, not having relation to its purpose, is arbitrary. ”
