{
  "id": 2850967,
  "name": "Agnes M. Rosseu, Appellee, v. Arthur G. Goodridge, Appellant",
  "name_abbreviation": "Rosseu v. Goodridge",
  "decision_date": "1914-02-05",
  "docket_number": "Gen. No. 18,750",
  "first_page": "164",
  "last_page": "165",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 164"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Agnes M. Rosseu, Appellee, v. Arthur G. Goodridge, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Fitch\ndelivered the opinion of the court.\n4. Appeal and error, \u00a7 1595 \u2014rule as to sufficiency of declaration after verdict. After verdict, the rule is that if a declaration contains terms sufficiently general to include by fair and reasonable intendment, any matter necessary to be proved and without proof of which the jury could not have given the verdict, the want of an express averment of such matter is cured by verdict.\n5. Appeal and error, \u00a7 1611 \u2014when declaration sufficient after verdict. Id an actioD by a tenant \u00edd aD apartment building for iDjuries resultiDg from a defective railing to a rear stairway, the dedaratioD held sufficient after verdict thoagh it did Dot specifically allege that the defendaDt retaiaed coDtrol of the stairway, nor so allege that the plaintiff exercised due care at the time of the injury, or that defendant\u2019s negligence was the proximate cause of the injury, the declaration alleging that the stairway was used by all the tenants of the building and containing other averments from which it could be reasonably inferred that plaintiff exercised due care at the time of the injury and that defendant\u2019s negligence was the proximate cause of the injury.",
        "type": "majority",
        "author": "Mr. Presiding Justice Fitch"
      }
    ],
    "attorneys": [
      "Benson Landon, for appellant.",
      "Lawrence A. Cohen, for appellee."
    ],
    "corrections": "",
    "head_matter": "Agnes M. Rosseu, Appellee, v. Arthur G. Goodridge, Appellant.\nGen. No. 18,750.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 230 \u2014duty of owner of apartment building to Tceep railing of stairway in repair. The owner of an apartment building is bound to keep the railing of a rear stairway in such repair as to permit a person lawfully using the stairway to lean against it for the purpose of protecting him from falling.\n2. Landlord and tenant, \u00a7 259 \u2014when question of contributory negligence is for jury. Whether a tenant in an apartment building is guilty of contributory negligence in leaning against the railing of a rear stairway to the building is a question for the jury.\n3. Landlord and tenant, \u00a7 260 \u2014when instruction not misleading as assuming facts. In an action by a tenant against the owner of an apartment building for personal injuries caused by a defective railing to a rear stairway, an instruction not directing a verdict given for plaintiff held not misleading under the facts shown by the evidence, though it assumed, as a fact, that the owner retained control of the stairway.\nAppeal from the Superior Court of Cook county; the Hon. Clarence N. Goodwin, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed February 5, 1914.\nRehearing denied February 16, 1914.\nStatement of the Case.\nAction by Agnes Rosseu against Arthur G. Good-ridge to recover damages for personal injuries sustained by plaintiff by falling from a stairway in the rear of an apartment building owned by the defendant and occupied in part by plaintiff under a lease from the defendant. From a judgment in favor of plaintiff for seven hundred and fifty dollars, defendant appeals.\nBenson Landon, for appellant.\nLawrence A. Cohen, for appellee.\nbee Illinois Motes Digest, Vols. XI to XV, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0164-01",
  "first_page_order": 190,
  "last_page_order": 191
}