Flood v. Palumbo

This is an action of tort by which the plaintiff seeks to recover damages for negligent maintenance of property under the defendants’ control. Defendants’ answer, is: (1)general denial; (2) contributory negligence; and (3) assumption of risk.

It was agreed that the defendants were owners of the property where the accident happened and that the plaintiff was a tenant at will.

There was evidence upon which the court found that the defendants owned a two family house in Framingham and that the plaintiff was a tenant at will on the second floor paying $95.00 per month plus the gas and electric…