Bailey v. Golburgh

In this action of tort the jury returned a verdict for the plaintiff on the first and second1 counts and the case is here on the defendant’s exception to the denial of his motion for a directed verdict.

The jury could have found the following facts: In July, 1943, the plaintiff became a tenant at will of the owner of an apartment house numbered 95 Gordon Street in the Allston district of Boston. In September of that year the defendant became the owner of the premises and the plaintiff continued to occupy them as a tenant at will. At the entrance to the premises is a porch or vestibule, and…