Opinion
Gen. No. 43,644. (Abstract of Decision.)
Opinion filed April 24, 1946 Released for publication May 10, 1946
LANDLORD AND TENANT, § 327 — when building owner was not liable for injury to tenant's employee. In personal injury action by employee of tenant against owner of building, arising from fall down stairway, where defendant appealed from order granting plaintiff new trial, and plaintiff's sole charge was that defendant had negligently violated ordinance in failing to provide handrail on stairway, and it appeared that on both trials of litigation, jury returned general verdict for plaintiff and also inconsistent special verdict finding that absence of handrail was not proximate cause of injury, held that since special verdict controls general verdict where it is inconsistent with latter, and special verdict was supported by undisputed testimony, order appealed from should be reversed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. U.S. SCHWARTZ, Judge, presiding.
Reversed and remanded with directions. Heard in the third division, first district, this court.
Eugene P. Kealy and James A. Filipek, for appellant;
Royal W. Irwin, for appellee.
Not to be published in full. Opinion filed April 24, 1946; released for publication May 10, 1946.