Barr v. Cutler

The plaintiffs brought this action to recover damages resuiting from a fire occasioned by the aileged negligence of the defendant. As an affirmative defense, the defendant asserted his exculpation from liability by the terms of the lease he entered into with the plaintiffs. The lease stated, in part:

“2. Lessee ” * # agrees during the occupancy of the premises to keep and maintain the premises * * * in as good condition and repair as the same shall be upon taking possession thereof, natural wear, injury by fire or other inevitable accidents excepted.” (Emphasis added.)

During the tenancy, a…