Halberstadt

Appellants, husband and wife, brought an action against defendants for injuries sustained by the wife while inspecting a dwelling-house owned by the defendants Nielsen which was being offered for private sale and which at the time was in charge of the defendant Andersen, as agent of the owners for such purpose. The ease was tried before a jury, which returned a verdict for defendants, and from the judgment entered thereon plaintiffs appeal.

The plaintiff Mrs. Halberstadt testified that she was interested in the purchase of a house, and, being attracted by the outward appearance of the one which defendants had for sale, that she entered the same for the purpose of inspection. The evidence is conflicting as to whether at that time there was a sign in front with the word “Open” thereon, but without doubt there was one with the words “For Sale” and the name of the defendant Andersen, as agent, on it. When she entered the house Mrs. Halberstadt met a man. She testified that this man started to show her around the place when another lady came in to whom he had previously shown another house, whereupon he excused himself and told her, Mrs. Halberstadt, to go ahead and view the premises.…