Bixby v. Thurber

Although there is one verdict against the two defendants, the questions concerning their several liabilities present different legal propositions. Their motions for a directed verdict raise the issue whether there was evidence upon which they or either of them could be found liable.

The landlord, Thurber, rests his claim of non-liability as matter of law chiefly upon the authority of decisions of which those in Maine and Massachusetts are typical. Those decisions are based upon the propositions that as matter of law the building was not a nuisance when leased, that if the landlord was in fault…