Moses v. Metropolitan Cas. Ins.

HAMITER, Justice.

Plaintiffs, George Moses and his wife, Mrs. Myra Moses, instituted this suit against D. S. Williams, Mrs. D. S. Williams and the Metropolitan Casualty Insurance Company of New York to recover damages allegedly resulting from injuries sustained by Mrs. Moses when she fell on the stairway of an apartment building owned by Mr. Williams.

The district court sustained exceptions of no right and no cause of action tendered by the' insurance company and dismissed the suit as against that defendant. Thereupon, plaintiffs appealed to the Court of Appeal, Second Circuit, and it, with one…