Coker v. Murphey

1. Where a plaintiff’s petition shows that she received personal injuries in consequence of her landlord’s negligence in failing to repair, after notice to him or his agent, the rented premises, and it does not appear from the allegations of the petition that she was guilty of such negligence as would entirely defeat her right to recover, it is error to dismiss the petition on demurrer. The question as to whether, under the circumstances stated in the petition, she, by the exercise of ordinary care, could have avoided the injuries complained of is “one of fact for the jury, and not one for…