Boggs

Plaintiff sued to recover damages for personal injuries. A motion for nonsuit was granted at the close of plaintiff’s case and from the judgment of non-suit plaintiff appeals.

Plaintiff, a lessee of defendant, conducted a beauty shop on the mezzanine floor above defendant’s market. Said market was located on the ground floor on the corner of Telegraph Avenue and Williams Street in the city of Oakland. Por the protection of customers walking upon the sidewalk in the vicinity of the market, defendant maintained what the parties term a “marquee” over the sidewalk. The marquee was constructed with a steel frame with reinforced wire mesh glass panels placed in between the steel ribs of the frame. It was located at about the same level as the floor of plaintiff’s beauty shop and was supported by steel rods running back to the building above the frame at an angle of about forty-five degrees. The marquee was constructed solely for the purpose mentioned. It was not designed or used as a pedestrian way and there was no door leading to it. Access thereto could be gained from the building only through the windows which were located about twenty-seven inches above the level of the mezzanine…