Morrison

A demurrer was sustained to plaintiff’s third amended complaint and, plaintiff declining to further amend, judgment passed for defendants, from which plaintiff appeals. The demurrer was by two of the defendants, but seems to have been treated by counsel and the court as filed in behalf of all the defendants, and we will so treat it.

The complaint alleges that defendant Eletta Brown was the owner and the other defendants were tenants of the premises, situated in the city of Oakland, where the alleged injury occurred; that an ordinance of said city provided that “no person shall .... so occupy or obstruct any sidewalks as to interfere with the convenient use of the same by all passengers”; also that “every person shall keep around *38 every .... flight of stairs descending from the sidewalk to the basement owned or occupied by him, a fence or railing at least three feet high.” It is alleged that in 1892 said Brown leased the premises to one M. Beaudry, now deceased, and defendant G-. Peladeau, for a term of six years; that at the time said Brown so leased said lot she “maintained without any license, .... underneath the sidewalk which is in front of said premises, .... an…