Smelser v. Deutsche Evangelische Lutherische Gemeinde Der St. Markus Kirche

This is an action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence. An order was made sustaining defendant’s demurrer to the amended complaint without leave to amend, and from the judgment entered thereon plaintiff appeals. The single question presented is whether the amended complaint states facts sufficient to constitute a cause of action.

The allegations of said complaint are to the following effect: Defendant owned a three-story frame apartment house in San Francisco which contained one apartment on each story. The building was designed,…