Winter v. Unaitis

The essence of this case is an effort to place upon the defendant landlord responsibility for the presence of certain dynamite caps on leased premises, which caps ultimately brought injury to the plaintiff tenant’s small daughter. The test of a prima facie case is obviously met if credible evidence is introduced placing within the actual knowledge of the landlord the existence of dynamite caps on the premises, at a time and place imposing upon him a responsibility of removal or warning to his tenants. Terrill v. Spaulding, 115 Vt. 342, 344, 61 A.2d 611.

This was not the evidence in this case.

Th…