315 Mass. 305 | Mass. | 1943
This is an action of tort to recover compensation for personal injuries alleged to have been sustained by reason of negligence on the part of the defendant. The case was tried to a jury, and at the close of the evidence the defendant moved for a directed verdict in her favor. The motion was denied and the defendant excepted. The jury returned a verdict for the plaintiff. The defendant filed a motion for a new trial, which the judge denied, and the defendant excepted to its denial.
The evidence in its aspect most favorable to the plaintiff discloses the following facts: On June 24, 1939, the plaintiff “was a roomer in the rooming house . . . owned and con
The general rule relative to the liability of a landlord to a tenant for defects in a common passageway is well settled. " The landlord owes a duty, not to keep the common passageway in as good a condition as that in which it was or appeared to be at the time of the letting, but rather to use reasonable care to do so.” Sneckner v. Feingold, 314 Mass. 613, 614, and cases there collected.
While the evidence would warrant a finding that the matting was defective at the time of the accident, we are
Exceptions sustained.
Judgment for the defendant.