#### Katheryn M. Cameron, Appellee, v. Thomas P. Feely, Appellant.

Gen. No. 6,448.

(Not to be reported in full.)

Abstract of the Decision.

Landlord and tenant, § 226 * —when lessor is not liable to wife of lessee for personal injuries received in using basement. Where plaintiff was permitted by defendant’s janitor of the apartment building in which she occupied an apartment leased from defendant by her husband, with the use also of a certain storeroom and of laundry tubs in the basement, to use a certain water faucet in another part of the basement not embraced in such lease, which was not provided for general use of tenants, but was' used for wetting down coal, held that plaintiff’s use of the faucet was a mere permissive use and defendant would not be liable for injuries sustained by her in going to use the faucet, due to falling over a metal basket of ashes, in the absence of wilful or wanton conduct on the part of defendant.

Appeal from the Circuit Court of Will county; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the April term, 1917.

Reversed with finding of facts.

Opinion filed October 16, 1917.

Statement of the Case.

Action by Katheryn M. Cameron, plaintiff, against Thomas P. Feely, defendant, to recover damages for personal injuries sustained by plaintiff falling over a basket of ashes in the furnace room of a flat building in which plaintiff’s husband rented under verbal lease from defendant an apartment occupied by her. From a judgment for plaintiff for $2,500, defendant appeals.

O’Donnell, Donovan & Bray, for appellant.

Snapp, Heise & Snapp, for appellee.

*

See Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic a»<I ssetion number.

Mr. Presiding Justice Carnes

delivered the opinion of the court.