Opinion
Gen. No. 43,295. (Abstract of Decision.)
Opinion filed February 14, 1945 Released for publication March 5, 1945
EASEMENTS, § 16 — implied easement. In forcible entry and detainer action, wherein it appeared plaintiff sublet to defendant part of premises, retaining balance of store, both parties having machinery business, and defendant denied plaintiff use of alley door on defendant's side, held that plaintiff had no implied easement for movement of machinery to and from his side of premises through such rear door, since there was no previous use by plaintiff to manifest that use was recognized as permanent, and only inference was to contrary, for defendant continually refused to recognize use, and stipulation of facts showed plaintiff had not moved machinery through door since lease was made, and there was no word of any use theretofore, nor was use necessary to beneficial enjoyment of premises reserved by plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. GIBSON E. GORMAN, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the December term, 1944.
Rubenstein Becker, for appellant;
Brown West, for appellee.
Not to be published in full. Opinion filed February 14, 1945; released for publication March 5, 1945.