Jacobson v. Leaventhal

In 1927 Philip Jacobson became the tenant of an apartment on Water Street, Portland, under a lease from the defendant.

In passing down a stairway leading to a cellar, which was a part of the leased premises, Lena Jacobson, wife of the tenant broke through a defective stair tread and suffered injuries.

These actions of tort for negligence were brought. The judge of the superior court ordered a nonsuit. The case comes forward on plaintiffs’ exceptions.

The alleged defective stairway was not a common stairway remaining in the lessor’s possession and control for the care and repair of which he is…