258 Mass. 477 | Mass. | 1927
This is an action of contract or tort to recover damages for personal injuries, sustained by the plaintiff when a portion of a ceiling fell in a room of an apartment which had been hired from the defendant by her son, of whose household she was a member. The judge allowed the defendant’s motion for a directed verdict, and reported the case to this court.
The plaintiff introduced testimony tending to prove that the landlord agreed, as a part of the contract of hiring, to keep the premises in first class condition; to have his janitor enter at any time to see what repairs were needed, and to take care of everything, leaving nothing for the tenant to do;
Upon the evidence the jury would not have been justified in finding that the defendant should have discovered that the ceiling was likely to fall or that repairs were needed upon it. Even if the landlord had agreed to be directly responsible for the condition of the premises as to safety, he would be hable only for a “failure reasonably to discover and remedy a defect or want of repair.” Fiorntino v. Mason, 233 Mass. 451, 454. See Kirby v. Tirrell, 236 Mass. 170, 172; Morrow v. Otis, 251 Mass. 65, 68. In accordance with the terms of the report, judgment is to be entered for the defendant on the verdict.
So ordered.