Arkell

Action by plaintiffs for damages on account of the death of William H. De Motte alleged to be due to the negligence of the defendant. Plaintiffs had judgment and the defendant appeals.

The record shows that sóme time during the year 1913 the defendant became the owner of a certain building situated in the city of Turlock, county of Stanislaus, commonly known as “Broadway Hall”; that on or about the first day of October, 1920, the defendant leased the second story of said building, together with the appurtenances thereto, to the Turlock Lodge of Independent Order of Odd Fellows for a term of three years from the said first day of October, 1920. Said lease contained, among other things, the following provision: “That the said party of the first part (being the defendant) shall not be called upon to make any improvements or repairs whatsoever upon the said demised premises, or any part thereof, but the said party of the second part agrees to keep the same in good order and condition, at (its) his own expense.” The lease covered the entire second floor of the building, together with all its appurtenances. There was a large entrance and stairway to the hall leading from a street,…