Weaver v. Albee

I respectfully dissent.

It is my opinion that the district court applied an erroneous rule of law in directing a verdict against plaintiff, and *640that under Illinois law plaintiff made out a case for the jury.

The rule is that where only a portion of the premises is rented and the landlord retains control of other parts of the same such as stairways, passageways, or cellarways, or where he rents the premises to several tenants, retaining control over a part of the same for the common use of the several tenants, he has the duty of exercising reasonable care to keep the premises in a reasonably…