Kneiser

Respondent, as assignor of a certain lease covering a theater and business building located in the city of Los Angeles, was sued in this action for damages alleged to have been sustained by plaintiff because of respondent’s negligence in failing to keep in repair a certain stairway leading from the ground floor of the building in question to the basement thereof. This stairway was located at the rear of a room in the building which was used by subtenants under respondent as a saloon, and adjoining the portion of the build ing used as a theater. The stairway led to a toilet room in the basement. Under the terms of the sublease owned by the saloon proprietors, respondent was under the obligation of keeping the stairway open and in repair for the use of the sublessees and their patrons. There was a doorway leading from the theater lobby into the rear portion of the saloon which, at times when theatrical performances were given, was kept open for the benefit of the saloonkeepers, as well as the proprietor of the theater, respondent herein. In October, 1910, appellant entered the saloon from the street, desiring, as he said, to sit down and rest and to visit the toilet which he knew to…