Lamparter v. Wallbaum

Citations

• 45 Ill. 444

Syllabus

<p>1. Ne&ligence. Where a person receives an injury occasioned by the negligence of another, he will be entitled to recover, unless by his own fault he has materially contributed to the injury.</p> <p>2. Landlord and tenant—of an entry by the former to make repairs or improvements. A tenant does not lose possession in any sense that would impair his own rights, merely because a person enters under the direction of the landlord to make repairs or improvements; and if, during the progress of such repairs or improvements so being made by the direction of the landlord, the tenant received personal injuries by reason of the negligent manner in which such repairs or improvements were being done, the tenant not materially contributing to the injury by his own fault or negligence, the party whose negligence occasioned the inquiry must respond to him in damages.</p> <p>3. And if an employee of such tenant, while in the line of his duty as such, receives injuries from such negligence on the part of the person doing the work, the latter must respond to him also in damages. So, where the tenant was occupying the premises as a retail merchant, and a person under the direction of the landlord entered thereon to excavate a cellar under the building, and, while such excavation was in progress, a lady customer of the store, while in passing, had her hat blown off and into the excavation, and the clerk in the store, at her request, went under the building to get the hat, and while in the act, the building fell, in consequence of the negligent manner in which the landlord’s servants did the work, and the clerk was injured thereby; it was held, that the clerk was in the line of his duty as such, as an act of civility and courtesy, and the party who so negligently did the work was liable to him in damages for the injuries so received, the clerk not materially contributing to the injury by any fault or negligence of his own.</p>