{
  "id": 2849052,
  "name": "Margaret Burns McHugh, Appellee, v. Harry B. Rubenstein, Appellant",
  "name_abbreviation": "McHugh v. Rubenstein",
  "decision_date": "1914-03-05",
  "docket_number": "Gen. No. 18,865",
  "first_page": "235",
  "last_page": "236",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 235"
    }
  ],
  "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": [
      "Margaret Burns McHugh, Appellee, v. Harry B. Rubenstein, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gridley\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Gridley"
      }
    ],
    "attorneys": [
      "Benjamin P. Buekberg, for appellant.",
      "Archibald A. McKinley and Arthur A. House, for appellee; Luther F. Binkley, of counsel."
    ],
    "corrections": "",
    "head_matter": "Margaret Burns McHugh, Appellee, v. Harry B. Rubenstein, Appellant.\nGen. No. 18,865.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Mazzini Slusseb, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed March 5, 1914.\nStatement of the Case.\nAction by Margaret Burns McHugh against Harry B. Rubenstein for personal injuries sustained by plaintiff falling into the basement of defendant\u2019s store. The facts are substantially as follows:\nAbout five o\u2019clock in the afternoon, April 8, 1911, plaintiff and her sister-in-law, Mrs. Hilda Burns, were walking in a southerly direction on Milwaukee avenue, Chicago, looking for a flat to rent. When they reached the store, then owned and occupied by defendant and known as No. 1907 Milwaukee avenue, they noticed on the front of the store a sign reading \u201cFlat to Rent, Inquire Within. \u2019 \u2019 Above the store were two additional stories which were arranged to be occupied as flats, and on one side of one of the windows of the store was a door to a hall leading from the street to the stairways to the flats above. Plaintiff entered the store for the purpose of making inquiries as to the flat for rent, Mrs. Burns remaining on the sidewalk outside. Plaintiff saw no person in the store, and thinking that some one might be back of the partition walked towards the rear of the store, calling out as she advanced that she desired some one to wait upon her. Before she reached the partition she fell through an unguarded opening or stairway into the basement below and suffered the injuries complained of. A boy had been left in charge of the store, but at the time of the accident was out on the street. The defendant and several other witnesses for him testified that the \u201cFor Bent\u201d sign was on the hall door. Plaintiff and Mrs. Burns, however, testified that the sign was either on the door of the store or on one of the two front windows of the store.\nAbstract of the Decision.\n1. Negligence, \u00a7 33 -\u2014when owner of premises liable for injury to invitee. Where a person, in response to a sign on the front of a store \u201cPlat to Rent, Inquire Within,\u201d entered the store for the purpose of making inquiry and fell through an unguarded opening or stairway into the basement, it was held that the questions of negligence and contributory negligence were for the jury.\n2. Negligence, \u00a7 23 \u2014who are invitees. One entering a store pursuant to sign \u201cPlat to Rent, Inquire Within\u201d for the purpose of making inquiry and falling through an unguarded opening or stairway into the basement is an invitee and not a mere licensee.\nFrom a judgment for plaintiff for five hundred dollars, defendant appeals.\nBenjamin P. Buekberg, for appellant.\nArchibald A. McKinley and Arthur A. House, for appellee; Luther F. Binkley, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0235-01",
  "first_page_order": 261,
  "last_page_order": 262
}