Jackson v. Davis

(After stating the foregoing facts.) We think the court properly sustained the demurrer. The petition alleges that the rear porch “had been in a defective and unsafe condition” for a long time, and that this condition had been frequently reported to the defendants. Ordinary care required that the plaintiff should have refrained from using that portion of the premises which appeared to be unsafe. Notwithstanding allegations to the effect that the defects were latent, the petition when construed as a whole discloses that the plaintiff knew that the rear porch, including the banister, was…