#### Mary Rogowski, Appellee, v. Joseph Picha, Sr. and Joseph Picha, Jr., Appellants,

Gen. No. 17,889.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Reversed.

Opinion filed October 14, 1913.

Statement of the Case.

Action by Mary Rogowski against Joseph Picha, Sr., and others to recover for personal injuries sustained by plaintiff while a tenant of defendants by reason of the negligence of defendants in permitting a sidewalk to be in a defective condition. From a judgment for plaintiff, defendants appeal.

Joseph F. Triska and Ernest R. Fifer, for appellants.

John Stelk and Alfred H. Gross, for appellee.

*379Abstract of the Decision.

1. Landlord and tenant, § 258 * —when evidence of ownership insufficient. In an action for personal injuries alleged to have been sustained by plaintiff while a tenant of defendants on account of the defective condition of a sidewalk, plaintiff’s evidence of defendants’ ownership and possession, held, insufficient to make defendants jointly or severally liable.

2. Landlord and tenant, § 258*—evidence of ownership. Mere fact that a person collects rent, not sufficient to establish liability of himself and son as joint owners or as joint possessors of the premises.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Clark

delivered the opinion of the court.