Marple

This is an appeal from a ~udgmeiit of nonsuit in favor of the defendant upon the ground that the plaintiffs had failed to produce sufficient evidence to sustain the allegations of their complaint.

The plaintiffs alleged, and it is admitted, that the defendant was the owner of and conducted a cafeteria on Third Street, in the city of Los Angeles; that inside the restaurant, and to the right of the entrance, a stairway descended a few steps to a landing and turned, and that other steps led to the basement, where defendant maintained a rest-room and lavatory; that the steps consisted of marble, and that a brass hand-rail, attached to the side wall of the stairway, was provided for patrons’ guidance in descending and ascending the stairway; that the plaintiff, Maud Marple, accompanied by her mother and daughter, entered the defendant’s place of business, and was proceeding down said' stairway, when she fell near the landing at the turn of the stairs and was injured, whereupon she instituted this action for damages. That the defendant by his servant or employee “was engaged in cleaning the brass balustrades above the west or left side of the second flight of stairs in said stairway…