Burrowes v. Bosworth

LANGDON, P. J.

This is an appeal by the plaintiff from a judgment on the pleadings entered upon motion of the defendant and respondent Eliza Hyde. The only question involved upon the appeal is: Does the,complaint state facts sufficient to constitute a cause of action against the respondent?

The complaint alleged that the respondent “is now and was at all times herein mentioned, the owner of that certain tenement house ... in the city of Oakland” more particularly described in the complaint; “that the defendant, Josephine Bosworth, was at all of the times herein mentioned the lessee and in possession of said tenement house, as such lessee; that at the time of the accident complained of, plaintiff was an occupant of one room in said tenement house rented of the lessee by H. Polglase; that in connection with the rooms of said apartment upon the first floor thereof a

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toilet room was maintained by defendants for the use of the occupants of said apartment. That said toilet room was located on the west side of a hallway, which said hallway connected the said toilet room with the said apartment which plaintiff was occupying as aforesaid. That in order to go to said toilet room it became and was necessary for her to pass along and through said hallway to the door leading from said hallway into said toilet room. That on the 24th day of June, 1922, at the hour of about 6 :30 P. M. and after sunset, plaintiff, intending to go to said toilet room and enter the same, walked along and through said hallway to a door which she believed and supposed to be the door leading into the said toilet room but which, in fact, led to a public stairway to the. basement of said tenement house, and opened said door for the purpose of entering said toilet room and in stepping forward for the purpose aforesaid, suddenly fell upon and down the said stairway, whereby she sustained great bodily injuries and shock, and was made sick, sore and disabled. That said injuries were occasioned by the carelessness and negligence of defendants, and each of them, in this: that the said hallway, toilet room and stairway, at the time of said accident, were and each of them was, unlighted by any means and they were, and each of them was, dark and plaintiff was, by reason of said unlighted and dark condition, unable to see the said stairway or to locate said toilet room, thereby causing plaintiff to mistake the entrance to said toilet room and to fall down the said stairway as aforesaid.”