Flanders v. New Hampshire Savings Bank

This is a case of a tenement orally hired with no agreement in the terms of hiring for either the landlord or the tenant to keep it in repair. Without more being shown the landlord had no duty to repair. The plaintiffs, however, make the claim that the evidence sufficed to show the existence of the duty under the theory of retained control.

It is argued that the evidence warranted a finding that the tenants of the adjoining tenement had the right to share in the use of the steps on which the intestate fell. This position is untenable. The only common use shown was for a playground for the…