Kaplan v. Palefsky

Action of tort by a tenant and her husband to recover from the landlord for injuries caused by the fall of part of a ceiling in a common passageway of which the defendant had retained control. There was no explanation as to what caused the fall of the plaster. The ceiling appeared to be in good condition when the plaintiffs moved in in 1934, the year the building was erected by the defendant who is a contractor and builder. There was no other evidence.

The trial judge found for the plaintiffs and. reported the case on the issue whether or not on the facts the findings for the plaintiffs were…