#### Edward J. Petterson, by Louis F. Petterson, Appellee, v. Martha Gnatek, Appellant.

Gen. No. 22,730.

(Not to be reported in full.)

Abstract of the Decision.

1. Landlord and tenant, § 230 * —what constitutes a common way which landlord is under duty to repair. Where a three-story tenement building was provided with rear porches on each story communicating with each other by stairways, which were the only means of ingress and egress from the rear for the second and third stories, held that the first and second porches should be regarded as a common way which it was the duty of the owner of the building to keep in a reasonably safe condition for such persons as might have a legal right to use the same.

2. Landlord and tenant, § 230*—when landlord liable for in *310 juries due to nonrepair of common way. Where a three-story tenement building was provided with rear porches on each story conriecting with each other by stairways and used as a common way by the tenants of the second and third stories, held that the fact that part of the second-story porch upon which the accident to the plaintiff occurred by reason of the defective condition of such porch a few feet away from the stair opening was in the exclusive control and possession of the tenant of the second story would not relieve the owner of the building from liability because of such defective condition, in an action by an occupant of the third story to recover damages for injuries sustained by reason of such condition.

*309Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Tbude, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Rehearing denied April 30, 1917.

Statement of the Case.

Action by Edward J. Petterson, a minor, by Louis F. Petterson, Ms next friend, plaintiff, against Martha Gnatek, defendant, to recover damages for injuries sustained by a fall from the rear porch at the second floor of a building owned by defendant. From a judgment for plaintiff for four hundred dollars, defendant appeals.

Max Krauss, for appellant.

Jones & Kerner, for appellee.

*

Sce Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

*

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

Mr. Justice Dever

delivered the opinion of the court.

*3103. Landlord and tenant, § 258 * —when evidence sufficient to show notice by landlord of defective condition of porch. Evidence held sufficient to warrant the finding that defendant had notice of the defective condition of a certain plank in a porch, by reason of which plaintiff was injured, or by the exercise of reasonable care could have had such notice, in an action against a landlord to recover damages for such injuries.