Daley

Appeal from an order granting a new trial.

Plaintiff rented from the defendant, who was the owner thereof, from month to month a portion of the upper floor of a dwelling-house, known and designated as No. 3 Tehama Street, San Francisco, and took possession on or about March 21,1887. Plaintiff continued to occupy the premises as a tenant of the defendant until October 25, 1888, on which last-named day, while in the act of piling three pieces of wood weighing in the aggregate about one hundred and fifty pounds in a woodshed situate upon the upper floor, and contiguous to the rooms occupied by him, the floor gave way, and plaintiff fell with it to the *181 ground, whereby his foot was fractured and his ankle dislocated. The complaint after setting out the ownership of defendant, the tenancy and occupancy of the plaintiff, proceeds in substance to charge that defendant, with a view to retaining plaintiff as a tenant, falsely and fraudulently represented to him that the woodshed was safe and secure, and suitable as a place to store fire-wood; that plaintiff did not know the fact, but believing the statements to be true, was thereby induced to continue the tenancy and to place the wood…