Dubay v. Cambridge Housing Authority
Dubay v. Cambridge Housing Authority
Opinion of the Court
It was error to deny the defendant’s motion for a directed verdict in this action of tort by a tenant to recover from the landlord for injuries sustained in a fall caused by a hole in the linoleum on the kitchen floor of the leased apartment. The reservation of the right to enter “the tenant’s premises” to make repairs, additions or alterations “for the preservation thereof or of the building” and the tenant’s agreement to make no repairs without the written consent of the management did not put the lessor in control of the premises (Stone v. Sullivan, 300 Mass. 450, 454) nor impose on the lessor a duty to repair. Ryan v. Boston Housing Authy.
Exceptions sustained.
Judgment for the defendant.
Reference
- Full Case Name
- Jessie Dubay v. Cambridge Housing Authority
- Cited By
- 4 cases
- Status
- Published