Healy v. Smith

This tort action was begun by Mrs. Joan Healy (hereinafter called the plaintiff) for injuries sus*91tained in falling on a badly torn rubber mat in a common passageway in the building in which she was a tenant. She died after the trial and the administratrix of her estate was admitted to prosecute the action.

The case was tried under the rule that the condition of the premises at the start of the tenancy determined the landlord’s obligation. The accident occurred on March 31, 1960. The judge, without a jury, found for the plaintiff. The evidence permitted the conclusion that the tenancy for…