273 Mass. 346 | Mass. | 1930
This is an action of tort for personal injuries sustained by the plaintiff’s intestate, while on a private stairway in the premises owned by the defendants and occupied by one Lanski as a tenant at will. At the close of the evidence, the defendants presented a motion for a directed verdict. The motion was allowed and a verdict was directed for the defendants. The case is before this court on the plaintiff’s exceptions to that ruling and direction.
The material facts shown by the bill of exceptions which are most favorable to the plaintiff are as follows: On November 3, 1925, the day of the accident to the plaintiff, one Lanski, a tailor, was in occupation of all the rooms on the second and third floors of a three-story building, as a tenant at will, and" had occupied those premises as such a tenant since 1916. The life tenancy of the landlord of Lanski terminated in August, 1925, and subsequent to that time Lanski continued to occupy the same premises as a tenant at will of the defendants, who were the remaindermen, upon the same terms as he had occupied them under the life tenant. During the entire time of his occupancy of the premises he paid the rent to one Harwood, who had charge of them as a representative of the tenant for life and after the termination of the life tenancy had charge of the property as the representative of the remaindermen. Two or three years prior to November 3, 1925, Lanski brought the attention of Harwood to the condition of the steps
On the above facts it is plain Lanski took the premises as he found them, and his landlord, the tenant for life, was under no obligation to repair them. Kearines v. Cullen, 183 Mass. 298. Mackey v. Lonergan, 221 Mass. 296. During the tenancy under the life tenant or the defendants there was no new express agreement as to the terms of the tenancy; and no contract to make needed repairs, with or without notice of such need, could be implied from the mere fact that repair of the defective step was made so that “ it was all right for a while,” because of the statement of Lanski “ that he would have to move because of the dangerous condition of the step since somebody was liable to fall on it.”
The plaintiff’s offer of proof that Lanski would testify “ that three or four years prior to December or November 3, 1925, he told Harwood that he was going to leave the premises because they were so out of repair,” and that Harwood said “ that if he would agree to the raise of the rent from $17, which he had paid, $17 per month, to $20 a month, and if Lanski would agree to pay the rent he would put the premises in good repair and if at any time thereafter repairs were needed if Lanski would call it to Har
Exceptions overruled.