Morrell v. White City Apartments, Inc.

These two actions joined in a consolidated report involve the rights of tenants to recover from their landlord for damages suffered by reason of a fire on the premises occupied by them.

There was evidence that on December 10, 1958, a fire occurred at 534-538 Newbury Street; that these buildings were served by *179a common incinerator located inside the buildings; that the janitor employed by the defendant usually attended to the burning of the rubbish and refuse in the incinerator, which could also be done by any tenant in the building; that on the afternoon of the day of the fire, a nephew of the…