Landlord and Tenant, Repairs, Common passageway.
A tenant in an apartment house, in the absence of a special agreement as to repairs, cannot recover from the landlord for injuries received in a fall due to the looseness of a post in a common passageway which looked secure and firm, was not a trap, and, at the time of the injury, was in the same condition in which it was when the tenancy began.
WAIT, J.
The verdict for the defendant was ordered rightly. There was no evidence of any change in the premises after the letting. The condition of the post was unchanged. The tenant took the premises as they were and could not require changes or repairs even in a common passageway. There was no trap. The case is governed by Angevine v. Hewitson, 235 Mass. 126. O'Malley v. Twenty-five Associates, 178 Mass. 555.
Verdict to stand.