316 Mass. 164 | Mass. | 1944
The plaintiff, the wife of a tenant of the defendant, appeals from an order of the Appellate Division vacating a finding in her favor and directing judgment for the defendant. The declaration, which is in tort, alleges “that on or about November 16, 1942, she was injured as
There are other fatal objections to recovery by the plaintiff. (1) Even if the chimney were defective, it could not be found to have been the cause of the smoke in the apartment on the occasion in question. Bratton v. Rudnick, 283 Mass. 556. (2) There was no evidence that the premises within the landlord's control were not in a condition as good as that in which they appeared to be at the time of the letting. Sordillo v. Fradkin, 282 Mass. 255, 257.
Order of Appellate Division affirmed.
Judgment for the defendant.