Blood v. Dewey

It was decided when this case was here before, Blood v. Dewey, 315 Mass. 500, that whether the damage to the plaintiff’s stock of wallpaper in a store which he occupied as a tenant at will of the defendant was due to the negligent repair of a leak in the roof which the'defendant had assumed to repair in accordance with a contract made with the plaintiff, or whether the repair of the leak was a gratuitous undertaking by the defendant for which he would not be liable in the absence of gross negligence in making • the repair, was a question of fact, and that there was error in instructing the…