Burrowes

This is an appeal by the plaintiff from a judgment on the pleadings entered upon motion of the defendant and respondent Eliza Hyde. The only question involved upon the appeal is: Does the,complaint state facts sufficient to constitute a cause of action against the respondent?

The complaint alleged that the respondent “is now and was at all times herein mentioned, the owner of that certain tenement house ... in the city of Oakland” more particularly described in the complaint; “that the defendant, Josephine Bosworth, was at all of the times herein mentioned the lessee and in possession of said tenement house, as such lessee; that at the time of the accident complained of, plaintiff was an occupant of one room in said tenement house rented of the lessee by H. Polglase; that in connection with the rooms of said apartment upon the first floor thereof a toilet room was maintained by defendants for the use of the occupants of said apartment. That said toilet room was located on the west side of a hallway, which said hallway connected the said toilet room with the said apartment which plaintiff was occupying as aforesaid. That in order to go to said toilet room it became and was…