Opinion
Gen. No. 43,808. (Abstract of Decision.)
Opinion filed November 18, 1946 Released for publication December 4, 1946
LANDLORD AND TENANT, § 331 — landlord as not liable for injury to third person on premises under exclusive control of tenant. In action against landlord and tenant of premises operated as restaurant, for injuries allegedly sustained by patron when his foot slipped into open and unguarded trap door, there was no liability on part of landlord for reason that premises were in exclusive control of tenant, and only negligence, if any, was that of tenant, through his employee, who left trap door open.
See Callaghan's Illinois Digest, same topic and section number.
Petition for leave to appeal from an order of the Superior Court of Cook county, granting a new trial; the Hon. FRANCIS B. ALLEGRETTI, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the June term, 1946.
No appearance for appellant;
Tom L. Yates and Donald M. Roche, for appellee;
Yates, Roche Grotefeld, of counsel.
Not to be published in full. Opinion filed November 18, 1946; released for publication December 4, 1946.