#### John Pozdal, Appellee, v. C. C. Heisen, Appellant.

Gen. No. 18,368.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Harry C. Moran, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1912.

Reversed with finding of fact.

Opinion filed December 31, 1913.

Rehearing denied January 12, 1914.

Certiorari denied by Supreme Court (making opinion final).

Statement of the Case.

Action by John Pozdal against C. O. Heisen and Federal Steel Fixture Company to recover for personal injuries sustained by plaintiff resulting from a descending elevator striking plaintiff’s head when plaintiff opened a defective corrugated iron door leading into an elevator shaft for the purpose of communicating with his coemployes on a floor below. Suit was dismissed as to the defendant Federal Steel Fixture Company, a tenant in the building, and prosecuted against defendant Heisen, as owner of the building.

*442Abstract of the Decision.

1. Landlord and tenant, § 243 * —when owner of building not liable for injury to tenant’s employe caused by defective elevator doors. Where a person employed in a building was injured by a descending elevator while he was attempting to open a door leading to the elevator shaft for the purpose of communicating with his employes on a floor below, held in an action against the owner of the building to recover for the injuries that defendant owed to plaintiff no duty to maintain the door in reasonably safe condition, the .evidence showing that the mechanism whereby the door was to be opened and closed was located in the elevator shaft and the elevator operator was alone charged with the duty of opening and closing the door.

2. Landlord and tenant, § 239 * —duty of landlord to maintain safe condition of premises when building leased to various tenants. A landlord who rents different parts of a building to various tenants, reserving the elevators, halls, stairways and other approaches for the common use of his tenants, is under an implied duty to use reasonable care to keep such instrumentalities and places in a reasonably safe condition, and is liable for injuries to persons lawfully using such instrumentalities and places resulting from a failure to perform that duty.

From a judgment in favor of plaintiff for three thousand five hundred dollars, defendant appeals.

Edward M. Hammond and Winston, Payne, Strawn & Shaw, for appellant; Edward W. Everett and Charles J. McFadden, of counsel.

F. W. Jaros, for appellee.

*

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

Mr. Justice Baume

delivered the opinion of the court.