Fernandes v. Medeiros

This is an action of tort by an invitee of a tenant against a landlord for negligence. The jury found for the plaintiff, and the action is here on the defendant’s exception to the denial of a motion for a directed verdict.

The evidence most favorable to the plaintiff may be summarized as follows: The defendant on December 14, 1943, purchased a three family house in Fall River, the third floor of which was occupied by one Aguiar as a tenant at will, and the tenancy of Aguiar under the defendant then commenced. The accident happened on January 29, 1944, when the plaintiff was delivering fuel oil…