Galjaard v. Day

The plaintiff was a tenant at will of the defendants in a tenement on premises in Lexington owned by the defendants and “occupied” by the plaintiff and the defendants. On October 21, 1948, the defendants obtained judgment against him for possession in an action of summary process, but the issuance of execution was stayed from time to time until sometime in March, 1949. St. 1948, c. 2. St. 1949, c. 87. The plaintiff remained in possession of the tenement. On December 25, 1948, he fell on ice on a common walk on the premises. The ice resulted from the act of the defendant Alvan N. Day in…