299 Mass. 369 | Mass. | 1938
The plaintiff seeks to recover in tort for the destruction of its merchandise located in a building the first floor of which is leased from the defendant, caused by water which the defendant allowed to leak from pipes on the floor above.
The lease from the defendant to the plaintiff contained a provision whereby the plaintiff lessee agreed that it would “hold the lessor [defendant] harmless and indemnified against any injury, loss or damage to any person or property on said premises.” Such a covenant as this by a lessee has been construed to place the entire risk of loss upon him and hence constitutes a complete bar to an action by
It is unnecessary to deal with the requests for rulings in detail. In accordance with the stipulation of the parties the finding for the defendant is to stand.
So ordered.