Toole v. Beckett

The facts are these: The plaintiff hired the lower portion of a building of the defendant for a store, the upper portion remaining in the possession of the defendant and under his care and control. A rain storm poured á great volume of water between the roof and the chimney down upon the plaintiff’s goods, causing some injury. The charge is that the defendant was guilty of negligence, either on account' of the original construction of the roof or in the way and manner of maintaining it. The case, both of law and fact, is referred to the court.

*545It is well settled that in a lease of real estate…