Martin v. Surman

delivered the opihion of the court.

This is an action by defendant in error to recover for personal injuries, which she claims to have suffered when and because she stepped through the floor of a summer kitchen upon premises occupied by defendant in error under a verbal lease from plaintiff in error to her husband.

There is irreconcilable conflict in the testimony upon material points. Both defendant in error and her husband testify that the landlord said before they moved into the premises that he would “repair the floor.” Plaintiff in error on the other hand testifies that the tenants did not…