But it is said defendant retained possession of the premises for the whole term through the occupancy of the second and third stories by her subtenant, Dr. Johnson, and the law requires an abandonment of the whole. The court submitted the matter to the jury by instruction, to the effect that defendant was acquitted from the entire rent, if it appeared she was constructively evicted from and abandoned the storeroom through its becoming untenantable because *670of plaintiff’s emission to repair the roof and downspouts, and directed the jury, too, that the fact that Dr. Johnson, the ..subtenant, continued in possession of the second and third stories was wholly immaterial, provided an eviction from a part of the premises appeared. It is entirely clear that the doctrine of this instruction is erroneous in so far as it declares the continued occupancy of the subtenant was immaterial in this ease of a constructive eviction. In this, the instruction seems to confuse the rule which obtains as to actual eviction with that which prevails when nothing more than a constructive eviction appears. There can be no doubt that, in a case where an actual eviction appears — as where the lessor himself, or through some one authorized by him, actually enters upon the demised premises and appropriates a portion thereof to his own use, or deprives the tenant of the benefits of any portion thereof — there is a total suspension of the whole rent, even though but a portion of the premises are thus appropriated by the landlord, until the tenant is restored to the whole possession. [2 McAdam, Landlord and Tenant (4 Ed.), p. 1385.] This rule obtains in such eases notwithstanding the fact that the tenant may continue the occupancy of a portion of the leased property. Such eviction presents a tortious aspect involved in the wrongful trespass of the landlord. Because of this, the reason of the rule is said to be, that as the estate created by the lease is an entire one, for which one consideration is given, the landlord may not evict a tenant from a portion of the demised premises and then be permitted to apportion his own wrong by insisting upon a part of the rent, for to hold otherwise, it is said, would be to encourage landlords to evict their own tenants (whose possession they are rather bound to protect) when such eviction would inure to the pecuniary advantage of such landlords. Therefore, when an actual eviction appears, the entire rent *671is suspended until a restoration of the entire possession is made, and this is true even though the tenant remains in possession of a portion. [Witte v, Quinn, 38 Mo. App. 681.] Touching this question, McAdam says, in his excellent work on Landlord & Tenant (4 Ed.), Vol. 2, p. 1385: “Where there has been an actual eviction from part of the premises, other than by title paramount, the tenant may retain possession of what he has, the entire rent being suspended until full possession has been restored, the law declining to apportion rent in favor of a wrongdoer.” [See, also, Morris v. Kettle, 57 N. J. Law Rep. 218.]