Black v. Fiandaca

The plaintiff’s rights with respect to injuries resulting from defects in the defendants’ premises are governed by the same rules, and subject to the same limitations, as the rights of the defendants’ tenants. Folsom v. Goodwin, 90 N. H. 467. See St. Cyr v. Johnson, 92 N. H. 197; Rowe v. Company, 86 N. H. 127. The decisive issue was one of fact, as to whether the attic was within the control of the defendants, or of their tenants. See anno. 25 A. L. R. (2d) 364, 368. If it was kept in the control of the defendants for the common benefit of occupants of the house, the defendants were under a…