Rowland v. St. Mary's Bank

The defendant’s position is thus summarized in its brief. “In the absence of any agreement to repair or retention of control by the landlord, a member of tenant’s family may not recover of the landlord for injuries due to defect in the demised premises. Flanders v. Bank, 90 N. H. 285.”

Accepting this as a «correct statement of the law, it is plain that the decisive inquiry in this case must be whether there was any evidence of a retention of control over the roof by the landlord. The case has been argued on this assumption by both parties.

It thus appears that the case of Culver v. Kingsley, 78…