128 Iowa 675 | Iowa | 1905
The plaintiff was a tenant of defendants, occupying rooms in the second story of a building, on the rear end of which there was a porch, which was rented and used in connection with the rooms so occupied. This porch fell with the plaintiff, and she received the injuries for which she sues. She alleged in her petition, and there is evidence sustaining the claim, that the defendants warranted the safety of the porch as a part of the lease of the premises to her. This was denied by the defendants, but the jury
The defendants requested the court to give several instructions prepared by them covering questions presented by the issues. They were refused; but with one exception, which we shall presently notice, they were embodied in the instructions given by the court on its own motion, and hence as to those there was no error in the refusal.
We need not notice the other errors assigned, because the same questions are not likely to arise on a retrial of the case. Nor the error pointed out the judgment will be reversed. — Reversed.