Gately

Action for damages for personal injuries. Verdict and judgment for defendants. Motion for new trial and order denying same. Appeal from judgment and order. The plaintiff rented rooms in a tenement-house at 8 “Parks Place” in the city and county of San Francisco, in January, 1893. It does not clearly appear who was the owner of the premises so leased to plaintiff, but the arrangements were made with one Mrs. Falls, to whom plaintiff paid the rent. On the 8th of September, 1893, plaintiff claims to have been severely injured by a fall caused by the floor or platform giving way under her feet. In the first count of the third amended complaint it is alleged that the injury was caused by reason of the breaking away of the floor, which was not originally safely constructed and was never constructed so as to be safe for human occupation, which facts were well known to defendants, and were never known or discovered by the plaintiff until she was so injured.

In the second count of said amended complaint it is alleged that some two or three weeks prior to September 8th, one day while passing over the floor plaintiff thought she felt the floor “shake a little,” and for fear the same might…