{
  "id": 5416588,
  "name": "George Pyzik, Appellee, v. Marie Ferke and City of Chicago, on appeal of Marie Ferke, Appellant",
  "name_abbreviation": "Pyzik v. Ferke",
  "decision_date": "1916-12-19",
  "docket_number": "Gen. No. 21,845",
  "first_page": "265",
  "last_page": "266",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 265"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 189,
    "char_count": 2092,
    "ocr_confidence": 0.517,
    "sha256": "38eced311ce0b66b28961185aad7a17caa1a7e8fae44691b57b6502f6247cdf6",
    "simhash": "1:00d2ecf5502717d0",
    "word_count": 357
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Pyzik, Appellee, v. Marie Ferke and City of Chicago, on appeal of Marie Ferke, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Louis S. Gibson, for appellant.",
      "Aaron R. Eppstein and Sidney Lyon, for appellee."
    ],
    "corrections": "",
    "head_matter": "George Pyzik, Appellee, v. Marie Ferke and City of Chicago, on appeal of Marie Ferke, Appellant.\nGen. No. 21,845.\n(Not to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nReversed and remanded.\nOpinion filed December 19, 1916.\nRehearing denied January 3, 1917.\nStatement of the Case.\nAction by George Pyzik, plaintiff, against Marie Ferke and City of Chicago, defendants, for personal injuries sustained by the plaintiff as the result of his falling into a coal hole in the sidewalk in front of Marie Ferke\u2019s premises. From a judgment for plaintiff for $3,750, defendant Marie Ferke appeals.\nLouis S. Gibson, for appellant.\nAaron R. Eppstein and Sidney Lyon, for appellee.\nAbstract of the Decision.\nLandlord and tenant, \u00a7 260 \u2014when instruction as to liability for dangerous condition of sidewalk improver. In an action for personal injuries sustained by the plaintiff as the result of his falling into a coal hole in the sidewalk in front of the defendant\u2019s building, where the evidence tended as much to show joint use of the cellar under the coal hole by two of the defendant\u2019s tenants as to show joint use by her and one of her tenants, an instruction that \u201cwhere there is an opening through a public sidewalk into a cellar underneath, and that such cellar is used in common by two or more persons who are tenants or occupants of the land or buildings adjacent thereto, then it becomes the duty of the owner of such land or buildings to use reasonable care to keep and maintain the said opening and its cover in reasonably safe condition for persons traveling upon the highway,\u201d held erroneous as the verdict, which was returned in favor of the plaintiff, may have been based on the assumption of liability on the part of the defendant although she retained no control over the cellar in question.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0265-01",
  "first_page_order": 291,
  "last_page_order": 292
}