Allen

This is an appeal by defendant above named from an order granting plaintiff’s motion for a new trial.

This is the second time this case has been brought before this court on appeal. The former appeal was from a judgment entered on a jury verdict in favor of plaintiff for personal injuries and from an order denying defendant’s motion for judgment notwithstanding verdict. By its decision, dated April 8, 1958 (Allen v. Paradise Grange No. 490, Inc., 159 Cal.App.2d 247 [ 323 P.2d 468 ]), this court held that the Grange, the lessor of the property, was not responsible for injuries to Marcia Jeanne Allen allegedly sustained when she fell from a porch which did not have a protective railing. The basis of the decision was that the plaintiff as the daughter of one of the members of the private club which had rented the premises was not owed any duty of care by the lessor as to obvious defects and hence the lessor was not liable for her injuries, and the opinion concluded that "The order denying defendant’s motion for judgment notwithstanding the verdict and the judgment are reversed and the trial court is ordered to enter judgment for the defendant with costs.”

On June 10, 1958, the…