Boston Tomato Co. v. Boston Wharf Co.

Adlow, C.J.,

Action of tort for negligence. At the trial there was evidence that the Boston Tomato Co., Inc. was a tenant in a multi floor brick building owned by the Boston Wharf Co. and located at 354-358 Congress Street, South Boston. The plaintiff corporation occupied the basement of said building under a lease dated April 23, 1963. Under the terms of said lease the defendant heated said premises during the heating season between 8:00 A.M. and 5:00 P.M. except Sundays and Holidays. Under this lease the merchandise and property of the plaintiff on the leased premises were at the sole risk…