Opinion
Gen. No. 43,979. (Abstract of Decision.)
Opinion filed June 25, 1947 Rehearing denied July 17, 1947 Released for publication July 18, 1947
LANDLORD AND TENANT, § 328 — tenant's liability for injury to customer in common passageway. Lessee of liquor store was not liable as matter of law for injuries sustained by customer in common hallway which was in possession and control of lessor, as result of alleged dangerous condition therein, while going to restaurant in same building pursuant to lessee's invitation to use such hallway, either on theory that lessee had duty to maintain it in reasonably safe condition, since customer was lessor's invitee while in hallway, or on theory that lessee should have prevented customer from using it or should have warned him of alleged dangerous condition, since lessee had no duty to do so, especially where there was no evidence that latter knew or should have known of existence of such condition.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. RALPH L. MAXWELL, Judge, presiding.
Judgment reversed and judgment here for defendant against plaintiff. Heard in the third division, first district, this court at the December term, 1946.
Vogel Bunge, for appellant;
L.H. Vogel, Forrest S. Blunk and Robert C. Vogel, of counsel;
John S. Wegerzyn and David H. Kraft, for appellee;
David H. Kraft, of counsel.
Not to be published in full. Opinion filed June 25, 1947; rehearing denied July 17, 1947; released for publication July 18, 1947.