223 Mass. 290 | Mass. | 1916
The plaintiff sues in tort for damages caused by the alleged negligence of the defendant, who was his landlord and the owner of the building, in “suffering the roof and water or drain pipes to be defectively constructed, leaky and out of repair,” whereby “the water from the roof and waste pipes ran into the store,” injuring his goods and property. A verdict for the plaintiff having been returned, the only question before us on the record is whether he was entitled to go to the jury.
The exceptions state and the jury could find, “that from the roof in question there was installed a two-inch iron pipe for carrying water from the roof of said building down through a partition wall adjacent to the plaintiff’s store into the cellar and thence into a pipe which entered the sewer; that the pipe was not in the control of the plaintiff nor used by the plaintiff, nor a part of the premises rented; that subsequently to the letting of the premises by the defendant to the plaintiff the defendant connected á sink pipe with the aforesaid waste pipe directly over the plaintiff’s store; that a wash basin or sink in the barber shop was-connected with said drain pipe-; that it had been raining during the night;” and on the following morning when the plaintiff entered his store the “goods on a table six by thirteen feet, over which there was a red cover, in the centre of the store, were wet with water, and that shoe boxes on the side of the wall of said store were wet, and some ladies’ waists which were arranged upon some hangers between the aforesaid table and where the shoe cases were located in said store, and that places in the plastering were wet on the right hand side of the main door where you enter said store, and that the ceiling above the table was wet and water dripping from said ceiling; that he, with the barber, when the barber came in the morning and opened the shop, one Oberg and Erickson went to the room occupied as a barber shop on the second floor and directly above said store, and found a little water on the floor, and the barber’s bowl connected with the pipe in question was full of water; that there were some pieces of leaves on the floor and in the wash bowl; that he afterwards went upon the roof with Oberg and Erickson through a scuttle where, near the entrance to
It also was a question of fact whether the defendant retained
It is to be assumed that appropriate instructions were given. The presiding judge
Exceptions overruled.
The case was submitted on briefs.
Bell, J.