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O'donnell v. Barach

OPINION FILED DECEMBER 30, 1953.

JULIA O'DONNELL, APPELLEE,

v.

SOL BARACH, SOL GARFINKLE, AND IRVING L. BARACH, APPELLANTS.



Appeal by defendants from the Superior Court of Cook county; the Hon. FRANK M. PADDEN, Judge, presiding. Heard in the third division of this court for the first district at the February term, 1953. Affirmed. Opinion filed December 30, 1953. Rehearing denied January 20, 1954. Released for publication February 3, 1954.

MR. PRESIDING JUSTICE FEINBERG DELIVERED THE OPINION OF THE COURT.

Rehearing denied January 20, 1954.

Plaintiff's action is for personal injuries caused by the alleged negligence of defendants. A trial with a jury resulted in a verdict for plaintiff. After motions for judgment notwithstanding the verdict or a new trial, which were overruled, judgment was entered upon the verdict. Defendants appeal.

The negligence alleged in plaintiff's amended complaint is the failure to comply with section 34, chapter 64 of the Municipal Code of Chicago, passed August 30, 1939, as amended, in force at the time of the accident. The relevant part of that section provides:

"There shall be a handrail on at least one side of every stairway, and on each side of every stairway which is more than three feet four inches in width. Every interior stairway which is more than seven feet in width shall have double intermediate handrails to divide the stairway into clear widths of seven feet or less. The height of a required handrail shall be not less than two feet six inches, nor more than three feet, measured vertically from the front edge of any tread to the top of the handrail. Every required handrail and railing shall extend from the top of the stair to the front edge of the third tread from the bottom or to a lower point." (Italics ours.)

Chapter 40-2 provides:

"All buildings and structures existing at the time of the enactment of this code, or hereafter designed, erected, altered or converted, shall be classified according to occupancy and use in accordance with the building provisions of this code. . . ."

Chapter 40-4 provides:

"A multiple dwelling is hereby defined as a building, or part of a building, designed, intended, or used as an apartment house. . . ."

Chapter 48-1 provides:

"Every building, or part thereof, hereafter designed, erected, altered, or converted for use as a multiple dwelling, as defined in section 40-4 shall comply with the general provisions of this code pertaining to buildings, and in addition thereto shall comply with the special provisions set forth in this chapter. In case such provisions conflict, the special provisions of this chapter shall govern."

Chapter 39-7 provides:

"Every building or structure constructed or maintained in violation of any of the building provisions of this code . . . is hereby declared to be a ...


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