Horton v. Marston

In this action of tort or contract the plaintiff seeks recovery for personal injuries sustained by her on May 8, 1963 as the result of an explosion which occurred as she was lighting one of the burners on the gas stove on the premises which she was then occupying as a tenant under a lease from the defendant.

The declaration contains four counts. The first three counts are in tort and are based upon negligence of the defendant in failing to warn the plaintiff of a known hidden defect in the premises. The fourth count is in con*133tract. It is the only one with which we are concerned. It alleges in…