Keating v. Springer

Citations

• 146 Ill. 481
• 22 L.R.A. 544

Syllabus

<p>1. Appeals and writs or error—what matters to be considered'— admission of evidence. The propriety of the admission or exclusion of evidence on the trial involves a question of law, which may be reviewed by this court on appeal from the Appellate Court.</p> <p>2. Easement—air and light over adjoining close. The prevalent rule in the United States, including this State, is, that an easement in the unobstructed passage of light and air over an adjoining close can not be acquired by prescription.</p> <p>3. It is established by the weight of American authority, that a grant of the right to the use of light and air will not be implied from the conveyance of a house with windows overlooking the land of the grantor, and that when the owner of two adjacent lots conveys one of them, a grant of an easement for light aud air will not be implied from the nature or use of the structui e existing on the lot at the time of the conveyance, or from the necessity of such easement to the convenient enjoyment of the property.</p> <p>4. Lease—covenant against obstructing light, construed. A lease of premises consisting, first, of the basement, and secondly, the store •floor, and “also a space in the yard at the rear, twenty-five feet deep,” contained a provision as follows: “Party of the first part shall not build at the rear of said premises nearer than twenty-five feet, and no obstruction higher than six feet shall be placed in such manner as to obstruct light to said premises:” Held, that the meaning of the word “premises” should not be restricted to the demised building alone, but embraces also the space in the rear thereof, and that the agreement not to place any obstruction exceeding six feet in height was not confined to the rear of the demised building.</p> <p>5. Landlord and tenant—-obstructing passage of air and light to tenant’s windows. A landlord will not be liable for obstructing his tenant’s windows by building on the adjoining close, in the absence of any covenant or