Ellis

This is an appeal by the defendant from a judgment in favor of the plaintiff for damages on account of personal injuries alleged to have heen caused by the defendant’s negligence.

There is little conflict in the evidence. At all the times mentioned herein the defendant was the owner of a three-story building, divided into six flats, each flat having both a front and rear entrance. From a photograph contained in the transcript; showing the rear end of the building, and also from the testimony of the plaintiff, it appears that an independent outside stairway was provided for each of the flats in the second and third stories. For six or seven years before, and at the time of the accident, Mrs. Norma Fir Den held a lease on three of the flats, one on the second floor, one on the third, and the location of the third flat not appearing from the evidence. The plaintiff and his family resided in one of the flats on the third floor, under a sublease from Mrs. Vir Den. The rear stairway leading down from the plaintiff’s flat had a guard-rail on either side thereof, consisting of a two by four inch scantling, apparently sixteen or eighteen feet in length, toenailed at either end thereof to…