Elijah A. Brown Company v. Wilson

Reid, Chief Justice.

This case involved the liability of a landlord for personal injuries to an invitee of his tenant, caused by a defect in the rented premises which existed at the time of the lease. The allegations of the petition in reference to the defect were that "the flooring was rotten and decayed, and the sills supporting the flooring because of long use had become decayed.” It was alleged that by reason of this defective condition “a plank comprising a part of the flooring . . gave way under the tread and weight of petitioner.” In the lower court certain demurrers to the petition as…