Austin v. Cambridge Mutual Fire Insurance Co. of Andover

DOUCET, Judge.

This is an appeal from a judgment finding the plaintiff contributorily negligent in connection with a fall down a flight of stairs.

In April 1983, Royce and Bernadette Austin leased a second floor apartment from the defendant, Thomas A. Antoon, on a month-to-month basis. Mr. Austin agreed to make repairs and renovations to the apartment in exchange for six weeks’ rent free.

On the evening of August 25, 1983, Bernadette Austin heard a horn blow outside. She exited her apartment in order to investigate. The light fixture over the staircase was not working, so the stairs were in at…