McAuvic v. Silas

Opinion by

Gunther, J.,

On December 16, 1947, Margaret McAuvic, plaintiff, leased one half of a double dwelling from tbe defendant owner, Alexander Silas. From the date of the lease until the date of the accident the plaintiff used, with defendant’s permission, the back porch of the adjoining tenant, for the purpose of hanging clothes.

On April 20, 1957, while plaintiff was hanging clothes and engaged in a conversation on said porch with Sarah Theobald, a guest of the other tenant, Sarah Theobald leaned against a railing of the porch which gave away, causing her to be thrown to the ground.…