Marr

This is an action for personal injuries sustained by the plaintiff in falling through an unguarded opening in the platform of the fire-escape adjacent to her room, on a building in the city of Fresno, owned by the defendant Rowell, and in which the defendant Whistler, as lessee, conducted a hotel. The action was instituted against both the owner and lessee. They appeared separately by demurrer to the amended, complaint, that of the defendant Whistler being overruled; that of the defendant owner, Rowell, was sustained, without leave to amend, and judgment was entered in his favor. The plaintiff, the appellant here, appealed and the judgment was reversed by this court, a hearing in the supreme court being denied. (Marr v. Rowell, 44 Cal. App. 147 , [ 185 Pac. 1000 ].) In the meantime the action was tried as between plaintiff and the defendant Whistler. The jury rendered a verdict fixing the plaintiff’s damages in the sum of $6,050, for which amount the judgment was entered. Thereafter the defendant made a motion for a new trial, which was granted. This appeal is by the plaintiff from that order.

The motion for a new trial was made upon three grounds specified in the notice, namely:…