[Download] "Wierzbicki v. Thacher Et Al." by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free

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eBook details

• Title: Wierzbicki v. Thacher Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 28, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

PIERCE, J. 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 leading from the tailor shop to the street entry, and about a month prior to the accident brought his attention to a step where the plaintiff was alleged to have fallen. The step shown 'was split and cracked'; the crack ran almost the entire length of the step; the tread was about twelve inches wide, and when stepped on would tip. Lanski told Harwood that the step was in need of repair, that he would have to move because of its dangerous condition, and Harwood said, 'All right, I will send somebody to fix it up.' Later, about two weeks before the accident, a man came and fixed it up by nailing the broken step together. It 'was all right for a while, but about a week previous to the accident * * * the step once again became loose and * * * called 'the condition of it to Harwood's attention. Harwood said he was going to put in a new step. The plaintiff fell on the step before any repairs on it were made.

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