Strong v. Soodvoisky

Mr. Presiding Justice Holdom

delivered the opinion of the court.

Plaintiff’s intestate, a child nearly four years of age, came to its death by falling out of a window of a flat rented by his mother from defendant, the landlord. The window it is claimed was ont of repair, in that the catch or fastening between the upper and lower sash was broken; that the sash weights caused the window to suddenly ascend, and the child fell out. Just how the accident occurred is not explained by the proofs. What the child was doing at "the window just before he fell to his death the proof fails to disclose.…