Oliver

Appeal was taken in this cause from the judgment entered against defendant and also from an order denying her motion for a new trial.

The cause of action was one for damages for personal injuries alleged to have been suffered by the plaintiff as a result of the negligent acts of defendant.

Appellant was the owner of an apartment house in the city of Los Angeles and respondent was a tenant therein. Being desirous of having the house raised to a greater height above the surface of the ground, appellant employed one Young, a contractor, to do the work and he commenced the task on Saturday, the last day of September, 1911. On Sunday morning at about ten o’clock the building had been raised at the front about five inches. As it had stood theretofore there were two cement steps leading from the porch at the front to the sidewalk and the top step was about one and one-half inches below the level of the porch. When the hotise was raised to the height of about five inches there ivas then created another step from the porch surface to the top of the first cement step, and a space was left where the riser is ordinarily placed. When the steps were in that condition plaintiff came out of the…