McNally v. Ward

This appeal, taken on a judgment roll, involves an action for personal injuries suffered by appellant when she fell from the rear porch of an apartment which she leased from respondent landlords. In contending that the trial court erred in ruling that respondents did not owe her a duty to maintain the porch and railing in a state of good repair, appellant would predicate such a duty upon any one of three bases: (1) an Alameda city ordinance; (2) the reservation by respondents of control over the landing guarded by the defective railing; or (3) an oral covenant by respondents to “maintain” the…