Divas v. Noto

This is a suit by a tenant to recover from the landlord damages for alleged personal injuries said to have resulted from falling through the flooring of the gallery on the second story of the leased premises. The defendant denied liability and specially pleaded contributory negligence, averring that she had warned the plaintiff not to use the gallery, but that, in disobedience to this admonition, plaintiff had done so.

There was judgment in favor of the defendant dismissing the suit, and plaintiff has appealed.

The defendant admits the relation of landlord and tenant between herself and…