Drouin v. Motta

The counts of this action are *54based on negligence. The evidence shows that the plaintiff became a tenant of the defendant on September 13, 1958 occupying the third floor of the defendant’s premises in New Bedford. Sometime the previous April a piece of gutter had fallen from the roof of the building and damaged the third step from the bottom of the rear steps causing this step to become weakened and having a tendency to sag when stepped on. There was evidence that at the time of hiring the defendant told the plaintiff that if there were any repairs to be made he would make them. Shortly after…