Netherton v. Arends

Plaintiffs, husband and wife, filed a four-count complaint against defendants, landlord and tenant, seeking damages to plaintiffs as a result of injuries sustained while in the performance of plaintiff-husband’s duties as a fireman. Motions were directed to all four counts, an amended complaint was filed, and motions directed to it were allowed. Plaintiffs elected to stand on their amended complaint and a judgment in bar was entered as to each count. The appeal is from such judgment order.

The fate of this complaint and, ergo, this suit hinges upon two propositions: The first is whether facts…