{
  "id": 5402891,
  "name": "Edward J. Petterson, by Louis F. Petterson, Appellee, v. Martha Gnatek, Appellant",
  "name_abbreviation": "Petterson v. Gnatek",
  "decision_date": "1917-04-16",
  "docket_number": "Gen. No. 22,730",
  "first_page": "309",
  "last_page": "310",
  "citations": [
    {
      "type": "official",
      "cite": "205 Ill. App. 309"
    }
  ],
  "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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    "simhash": "1:4ad99aa0d48d839d",
    "word_count": 474
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  "last_updated": "2023-07-14T17:46:37.056812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Edward J. Petterson, by Louis F. Petterson, Appellee, v. Martha Gnatek, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dever\ndelivered the opinion of the court.\n3. Landlord and tenant, \u00a7 258 \u2014when 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.",
        "type": "majority",
        "author": "Mr. Justice Dever"
      }
    ],
    "attorneys": [
      "Max Krauss, for appellant.",
      "Jones & Kerner, for appellee."
    ],
    "corrections": "",
    "head_matter": "Edward J. Petterson, by Louis F. Petterson, Appellee, v. Martha Gnatek, Appellant.\nGen. No. 22,730.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 230 \u2014what 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.\n2. Landlord and tenant, \u00a7 230*\u2014when landlord liable for in 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.\nAppeal from the Municipal Court of Chicago; the Hon. Samuel H. Tbude, Judge, presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed April 16, 1917.\nRehearing denied April 30, 1917.\nStatement of the Case.\nAction 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.\nMax Krauss, for appellant.\nJones & Kerner, for appellee.\nSce Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0309-01",
  "first_page_order": 337,
  "last_page_order": 338
}
