Ayers v. Gordon

There can be no doubt that the platform and clotheslines were furnished the plaintiff and another tenant for the common use of both. The evidence further discloses that the defendant retained control of the roof, platform and clotheslines. In fact it was conceded during the trial that defendant retained control of the premises. This imposed upon her “a duty to use ordinary care to keep them in reasonably safe condition for any use which ‘might be found to be contemplated.’ ” Papakalos v. Shakz, 91 N. H. 265, 267, and cases cited.

Defendant’s own carpenter testified that the platform,…