Carey v. Squire, Supt.

A demurrer to plaintiff’s petition was sustained and the petition dismissed. From this judgment, this appeal on questions of law was taken.

The petition alleges that on July 9, 1937, plaintiff was a rent-paying tenant in Hotel Monticello in Toledo ; and that dne to the unsafe condition of the premises that day she fell and sustained injuries for which she seeks damages. She further alleges that the defendant, The Commercial Savings Bank & Trust Company (hereinafter referred to as the bank), at that time was and now is the duly authorized and acting trustee of the trust created for the holding,…