Hinthorn v. Benfer

The opinion of the court was delivered by

Porter, J.:

To recover damages for the death of his wife, a tenant sued his landlord, alleging that her death was caused by the carelessness and negligence of the *732defendant in the construction and maintenance of the railing of a porch on the demised premises. The court sustained a demurrer to the plaintiff’s evidence and rendered judgment against him for costs, from which he appeals.

The defendant owned a two-story stone building in the city of Hiawatha. The lower part was -occupied for store purposes; the upper part was divided into two tenements…