Payne v. Irvin

Citations

• 144 Ill. 482
• 33 N.E. 756

Syllabus

<p>1. Landlord and tenant—keeping premises in repair. Where the owner of a building leases a room thereof to be used as a blacksmith shop, at a monthly rental, reserving the entire control of the other parts of the building, including the roof, and of a large sign fastened to the roof, the landlord, as to that portion of the building and appurtenances over which he retains control, will be held to retain also the responsibility to keep the same in reasonable repair in respect of all persons, including the tenants of the room.</p> <p>2. When a landlord rents a room in a one story building, at a monthly rental, which building has a sign-board attached to the roof, not used by the tenant in any way, but which is used by the former for his own use, and he suffers the fastenings of the sign to get out of safe repair, in consequence of which it is blown down and a serious injury is thereby inflicted upon the person of the tenant, who has exercised ordinary care to save himself from the injury, the landlord will be liable to such tenant for the damages received by him.</p> <p>3. Appeals and writs of error—directing what the verdict shall he — question on appeal to the Supreme Court. In an action based on the negligence of the defendants, resulting in a personal injury, the defendants asked and the court refused an instruction requiring the jury to find in their favor : Held, that the question presented to this court on appeal was, whether there was evidence tending to establish a right of recovery, and that it was confined to the simple question whether there was evidence from which the jury might have legitimately found for the plaintiff.</p> <p>4. Same—reviewing questions of fact—negligence of landlord. Where a tenant sues his landlord for a personal injury caused by the blowing down of a sign-board from the top of a building, a part of which was occupied by the plaintiff as a tenant of defendant, on the ground of neglect to keep the sign-board properly fastened, the que