Ferguson v. Ashkenazy

This is an action of tort brought by a tenant against her landlord to recover damages for personal injuries. At the direction of the defendant, the plaintiff and the other tenants in a twelve-apartment house owned by the defendant vacated it in order that the building might be fumigated to destroy bugs and vermin therein. When the plaintiff returned to her apartment after the fumigation she was overcome by fumes still remaining in the building and was injured.

The case was tried in a District Court, where the judge found for the plaintiff. He filed no finding of facts found by him. He reported…