Marstan Corporation v. Centreville Realty Company

This action of trespass on the case for property damage, although commenced prior to the adoption of new rules of civil procedure by the superior court, was tried in that court to a judge sitting without a jury subsequent to the effective date of those rules. Judgment was for the plaintiff, and the defendant appeals.

In 1961 defendant was the owner of a multi-occupancy converted mill building, and plaintiff, a manufacturer of lace and braid, was a tenant. Included in the tenanted premises was an area known as the “picker-room,” a portion of which plaintiff used for the storage of finished…