Hassell

The plaintiffs, Frank J. and Winifred Hassell, as husband and wife, brought this action to recover damages on account of personal injuries sustained by the latter in falling from a landing at the top of an outside stairway in the rear of a two-story dwelling, plaintiffs being at the time the occupants of a portion of said dwelling and alleging that said landing was used jointly by them and defendants. The immediate cause of the accident was the collapse of a wooden railing inclosing said landing, plaintiffs alleging that the same was faultily constructed, insecure, latently defective, and constituted a dangerous nuisance; and that its defective condition was at all times known to defendants, but unknown to plaintiffs. Separate demurrers, identical in form, to the second amended complaint were sustained with leave to amend, but plaintiffs declined to amend and judgments of dismissal were thereupon entered, from which judgments these appeals have been taken.

The record does not disclose upon which of the numerous grounds set forth in the demurrers the same were sustained; but in defendants’ brief, after quoting certain code sections and excerpts from a number of decisions in this…