ELSIE KING v. FISHBAIN, 331 Ill. App. 109 (1947)

72 N.E.2d 442

Gen. No. 43,666. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed April 21, 1947 Released for publication April 25, 1947

LANDLORD AND TENANT, § 126[*] — liability for injuries to tenant as result of want of repair. Landlord was not liable for injuries sustained by tenant of leased apartment when she stepped into hole in bathroom floor resulting from previous removal by tenant of loose tiles, where lease provided that tenant would keep premises in good repair and that landlord would not be liable for damages resulting from failure to do so, since landlord had no duty to make repairs and, although he may have known at time of letting of dangerous condition of floor, tenant also had knowledge thereof.

Appeal from the Superior Court of Cook county; the Hon. RUDOLPH F. DESORT, Judge, presiding.

Judgment reversed. Heard in the third division, first district, this court at the February term, 1946.

Samuel Levin, for appellant;

No appearance for appellee.

Opinion by PRESIDING JUSTICE LEWE.

Not to be published in full. Opinion filed April 21, 1947; released for publication April 25, 1947.