Rowe v. Ayer & Williams, Inc.

The fire escape here in question was appurtenant to the portion of the factory building leased by the defendant to Ayer & Williams, Inc. and obviously necessary to the safe occupancy thereof. Therefore, although the defendant retained control of it, the lessees and their employees were entitled to make use of it at reasonable times and for purposes within the contemplation of the parties. The legal principle here involved has been concisely stated as follows:

“ (1) A lessee of premises is entitled to be at reasonable times and in a reasonable manner on those portions of the premises retained…