Labreque v. Holmes

This negligence action is before us on appeal from the direction of a verdict for the defendant.

The plaintiff, a tenant of the defendant, fell on the ice while walking on the driveway which the parties used in common and which the defendant landlord had agreed to keep “cleaned and plowed.” There was no evidence to indicate that the ice accumulated from other than natural causes.

The plaintiff, who had been ill for a short period, was advised by his physician, “You got to get a little exercise, and get the air.” At noon on a “nice, sunny day” in January the plaintiff went for a walk on the…