#### John F. Fay, appellee, v. Jacob Miller, appellant.

Gen. No. 29,301.

Action by tenant against landlord to recover damages for personal injuries sustained by reason of alleged negligence of defendant in care of stairway. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Philip L. Sullivan, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1924.

Affirmed on remittitur; otherwise reversed and remanded.

Opinion filed April 13, 1925.

Rehearing denied April 27, 1925.

Anthony J. Schmidt, for appellant.

Harry D. Knight, for appellee.

Mr. Justice Johnston

delivered the opinion of the court.