361 Mass. 848 | Mass. | 1972
The defendants, as trustees, leased two floors of a building to Popowych’s employer (the tenant). Burton Cone, an employee of the tenant, prior to August 10, 1967, notified the trustees’ maintenance man that a window on the fifth floor required repairs lest it fall into the street. On August 10, two maintenance employees removed the window from its frame. Popowych, who was working on the same floor, was aware of their presence. About noon, these two men left, taking the window with them but leaving a stepladder. Popowych later fell on a round hard object and was injured. Cone saw debris (including window stops, ropes, and screws) left on the floor by the trustees’ employees. The latter did not return prior to Popowych’s fall. The window had been replaced by 8 p.m. that evening. The judge, subject to the trustees’ exception, refused (a) to direct a verdict for the trustees and (b) to charge that the standard of care to Popowych by the trustees with respect to any debris left by their employees was the avoidance of gross negligence. The judge correctly charged that the trustees were under no duty to the tenant
Exceptions sustained.
Judgment for the defendants.