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DURKIN v. LEWITZ

Gen. No. 46,283.

3 Ill. App.2d 481 (1954)

123 N.E.2d 151

Katherine Durkin, Appellee, v. Jacob A. Lewitz and Dorothy Lewitz, Defendants. Dorothy Lewitz, Appellant.

Appellate Court of Illinois.

Rehearing denied November 16, 1954.

Released for publication January 4, 1955.

Attorney(s) appearing for the Case

SEARS & STREIT, of Chicago, for appellant; BARNABAS F. SEARS, DAVID H. ARMSTRONG, and LLOYD J. TYLER, JR., all of Chicago, of counsel.

MATTHEW STEINBERG, and FRED POLACEK, both of Chicago, for appellee; WILLIAM C. WINES, and ABRAHAM MILLER, both of Chicago, of counsel.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

Katherine Durkin, plaintiff, was a household employee of the tenants of a second-floor apartment in a three-story, six-flat building owned by defendants. On December 13, 1950, plaintiff in the performance of her duties fell on some loose ice on the second-floor landing, a part of the building under the control of the landlord for the common use of tenants, and suffered severe injuries. Trial by jury...

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