Given v. Tobias

The opinion of the court was delivered by

Burch, J.:

The action was one by a tenant of rooms on the second floor of a building, for personal injuries sustained because of failure of defendants to light a stairway furnishing means of access to the rooms. A demurrer to the petition was sustained, and plaintiff appeals.

Defendants were owners of adjoining lots on each of which stood a two-story brick building. The upper stories of the buildings were reached by a common stairway. The rooms of the upper stories were reached from the head of the stairway by a common hallway. The stairway was lighted…