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178 Ill. App. 127

Trego v. Rubovits

Appellate Court of Illinois

Decided October 16, 1912

Appellate Court of Illinois · decided 1912-10-16

<p>1. Landlord and tenant — duty to heep elevator in repair. In the absence of a covenant by the lessee of part of a building to keep a passenger elevator in good condition and repair, the duty to repair rests on the lessor.</p> <p>2. Covenants — construction. Where the lessee of part of a building covenants to keep the passenger elevator “in good condition and repair,” the covenant amounts to a covenant to keep the elevator in a reasonably safe condition.</p> <p>3. Landlord and tenant — liability of lessee on covenant to repair elevator. A lessee who covenants to keep the elevator in good condition and repair is liable to his employe for injuries caused by the elevator being out of repair.</p> <p>4. Landlord and tenant — liability of owner though lessee covenanted to repair. The owner of a building is liable to an employe of a lessee of part of the building for injuries caused by the elevator being out of repair, though such lessee covenanted to keep the elevator in good condition and repair.</p> <p>5. LaNDloed and tenant — liability of tenant on covenant to repair. Where the lessee of part of a building covenants to keep the elevator in good condition and repair, and his employe who is injured because such elevator is not in good condition recovers from the owner for such injuries, the owner has a right of action against the lessee for the damages recovered by such employe.</p> <p>6. Landlord and tenant — duty of landlord to heep elevator in repair. Though the lessee .of part of a building covenants to keep the elevator in good condition and repair, the owner’s legal duty to keep such elevator in a reasonably safe condition is not abrogated as to other tenants and other parties rightfully using it.</p> <p>7. Landlord and tenant — liability of tenant on covenant to repair elevator. The liability of a lessee of part of a building on his covenant to keep the elevator in good condition and repair is primary and the right of the owner to recover against such lessee for damages recovered against him by an employe of the lessee injured because of the lack of repair of the elevator is not affected by the doctrine that neither contribution nor indemnity will be given one of several tort feasors against others, since the owner and lessee are not equally liable.</p> <p>8. Landlord and tenant — amount landlord may recover on covenant of tenant to repair. Where a lessee covenants to keep the elevator in repair and to pay all reasonable expenses incurred by the owner in enforcing the covenants, and his employe recovers a judgment against the owner for injuries caused by defects in the elevator, and the owner compromises with the employe by paying part of the judgment, such owner can recover from the lessee only the amount paid by compromise and the fees and costs expended in defense of the action.</p> <p>9. Practice — when party cannot object to ruling in his favor. Plaintiff cannot complain that judgment was entered without a remittitur for a sum less than the verdict returned on direction of the court, where the ruling was in his favor and was urged on the court by him.</p> <p>10. Covenants — to repair construed. Where a lessee of part of a building covenants to keep the elevator in good condition and repair, the lease does not by implication or otherwise indemnify against damages except those arising specifically by reason of failure to keep such elevator in good condition and repair.</p> <p>11. Interest — when damages not liquidated. Where a lessee covenanted to keep the elevator in good condition and repair and one injured by defects therein recovered a judgment against the owner, though such owner may recover against the lessee for the amount paid under the judgment, yet under the covenant the owner is not entitled to interest against the lessee on the amount paid, since the damages were not liquidated nor so certain and definite that interest might he allowed thereon.</p> <p>12. Pbactice — what is part of elevator, question for jury. Where a lessee of part of a building covenants to keep the elevator in good condition and repair, it is a question of fact for the jury whether the water meter used to measure the water used by such elevator is a part of it within the covenant, where the use of such meter is retained by the owner for the benefit of other tenants.</p> <p>13. Practice — power of court to enter judgment where verdict is directed. Judgment may be entered for a sum other than that awarded in the verdict without the formality of a remittitur, where the verdict was directed.</p>

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1912-10-16

How this case has been cited

Cited by 9 later decisions — most recently November 1962

1 district · 8 state decisions

20191219201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Prisiding Justice Duncan

¶1delivered the opinion on rehearing.

¶2A rehearing was granted in the foregoing canse that we might further consider the question of whether or not the lower court should have submitted the case to the jury. By the express terms of the lease appellant was obligated to make all repairs needed in or about the premises by him leased, and in addition thereto to keep the elevator in “good condition and repair.” These covenants did not extend to any portion of the building to be jointly used by all the tenants, except the elevator. The halls and stairways by express covenant were to be used jointly by all the tenants, and all the tenants were to pay their proportionate part of all water rents for the building, including water rents for the elevator. These covenants suggest a common use of the water meters on the premises among the tenants, and in the absence of an express covenant appellee would be obligated by law to see that the meters were in reasonable repair, as between himself and the tenants. The declaration charged a breach of the covenant of appellant to keep the elevator in “good condition and repair,” and it is evident that that is the only theory upon which ap-pellee could recover for damages claimed in his declaration. Appellee .could only recover over against appellant upon the theory that the law made it ap-pellee’s duty as to third parties to keep the meter in question in repair, and that by express covenant appellant had agreed with appellee to keep it in good condition and repair. It is clear that the law does obligate appellee as to third parties to keep the meter in repair, because the use of it was retained by him in the lease for the benefit of his other tenants.

¶3"We necessarily are forced to conclude, therefore, that there is no liability against appellant in this case, unless the water meter in. question is a part of the elevator within the meaning of the lease. We are still of the opinion that this question is one of fact to he settled by a jury, after it has heard all the evidence bearing on that question. With the meager evidence in the record bearing on that question, although it is not contradictory, we are unable to say that reasonable minds would not reach different conclusions therefrom. We, at least, are unable to say, upon the evidence in the record, that the meter in question is a part and parcel of the elevator within the meaning of the said covenant to keep the elevator “in good condition and repair.” We, therefore, are unable to recede from our former conclusions, as announced in the foregoing opinion, which is refiled as our opinion in this case.

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