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John Sydor, Appellee, v. Rena Berger, Trading as Gage Liquor Store, Appellant.

LANDLORD AND TENANT, § 328 — tenant's liability for injury to customer in common passageway. Lessee of liquor store was not liable as matter of law for injuries sustained by customer in common hallway which was in possession and control of lessor, as result of alleged dangerous condition therein, while going to restaurant in same building pursuant to lessee's invitation to use such hallway, either on theory that lessee had duty to maintain it in reasonably safe condition, since customer was lessor's invitee while in hallway, or on theory that lessee should have prevented customer from using it or should have warned him of alleged dangerous condition, since lessee had no duty to do so, especially where there was no evidence that latter knew or should have known of existence of such condition.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed June 25, 1947; rehearing denied July 17, 1947; released for publication July 18, 1947.

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SYDOR v. BERGER
(Jun 25, 1947)