258 Mass. 12

November 30, 1926 - December 2, 1926

Suffolk County

Present: Rugg, C.J., Braley, Crosby, Pierce, & Sanderson, JJ.

Landlord and Tenant, Care of common hallway. Negligence, Of one owning or maintaining real estate.

A tenant in an apartment house cannot recover in an action against the landlord for personal injuries caused by slipping on befoulment in a common hallway of the apartment house where it does not appear

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that the contract of letting required the landlord to clean the common passageway and no obligation of that nature, arising after the letting, is shown.

TORT for personal injuries. Writ dated February 5,1924.

In the Superior Court, the action was tried before Hammond, J. At the close of the plaintiffÂ’s evidence, the judge ordered a verdict for the defendant and reported the action to this court for determination.

F. P. Fralli, for the plaintiff.

L. Powers, for the defendant.

BY THE COURT. This is an action of tort to recover compensation for personal injuries received by a tenant of the defendant through slipping upon befoulment, apparently caused by the dog of some other tenant, in the common hallway of the apartment house in which she lived. The contract of letting did not require the landlord to clean the common passageways and no subsequent obligation of that nature was shown. The case at bar is governed by Caruso v. Lebowich, 251 Mass. 477. Bell v. Siegel, 242 Mass. 380.

Judgment on the verdict.