163 P. 466 | Mont. | 1917
delivered the opinion of the court.
This is an appeal from a final judgment in favor of defendant rendered after an order sustaining his demurrer to plaintiff’s complaint. The averments of the complaint may be epitomized as follows:
The plaintiff and her husband were tenants of the defendant, occupying the property at No. 623 South Idaho Street, in Butte. These premises consist of a one-story brick dwelling-house of four rooms with a porch, and the lot upon which it is situated. The porch is about two feet above the ground, and was used by the plaintiff and other members of the family as occasion or necessity required. The tenancy was from month to month. During its continuance the porch fell into disrepair, in that one of the boards in the floor became weak and insufficient in strength to hold the weight of a person who chanced to step on it. The defendant was notified of the condition and promised to cause the nécessary repairs to be made more than a month prior to plaintiff’s injury. Notwithstanding his promise, defendant failed and neglected to cause the repairs to be made. On July 22, 1914, the plaintiff stepped on the defective board which, because of its weakened condition, gave way under her weight, whereby she was thrown to the floor, sustaining a fracture of her right leg and other injuries which she believes to be permanent. She seeks to recover $5,000 as general damages, and $300 for expense incurred for medical treatment.
The judgment is affirmed.
Affirmed.