195 Mass. 39 | Mass. | 1907
The coal hole into which the plaintiff fell was maintained in connection with premises belonging to the defendant; but that, of itself, is not sufficient to establish his liability for the accident. In order to render him liable, there must be evidence warranting a finding that he was responsible for the condition of the coal hole, and that the accident was due to his neglect to keep it in a proper condition.
The accident happened on or about July 10, 1903. On or about December 1, 1902, the premises had been let by the defendant by an oral agreement to one Miller. The defendant, though asked by the tenant at the time' of letting to make repairs, refused to do so, and the obligation to keep the premises in repair, including the coal hole, was thus either impliedly assumed by the tenant, or rested upon him as occupier by operation of law. Lowell v. Spaulding, 4 Cush. 277. Cunningham v. Cambridge Savings Bank, 138 Mass. 480. Clifford v. Atlantic Cotton Mills, 146 Mass. 47.
The plaintiff, however, seeks to hold the defendant on the ground that the accident was caused by a worn condition of the coal hole which existed at the time of the letting, and relies on Dalay v. Savage, 145 Mass. 38. But that case was materially different from this. In that case the accident occurred a little more than a month after the letting, and there was evidence that the bedstone into which the cover fitted was “ well-
Verdict for the defendant to stand.