Circiello v. Levine

This is an action of tort brought in the Superior Court to recover compensation for" a personal injury sustained by the plaintiff as a result of falling upon a common stairway on premises owned and controlled by the defendant. The case was tried before a judge and a jury. The jury returned a verdict for the plaintiff. But upon leave reserved the judge ordered the entry of a verdict for the defendant. The plaintiff excepted.

There was no error.

There was evidence that the plaintiff was a tenant at will — and had been for about three years — and occupied with his family the second floor of the…