Landlord and Tenant. If a dealer in goods occupies a store and a part of the basement in a business building under a lease which contains a covenant that the lessee "will save the lessor, his representatives, heirs and assigns, harmless and indemnified from and against all loss, liability or expense arising from . . . or by reason of anything connected with any . . . elevator, gas, water, steam, or other pipes, or from the use or abuse of water, steam . . . or otherwise, . . . and in general that it . . . will hold the lessor and his representatives, heirs and assigns harmless and indemnified against any and all loss, liability, or expense . . . in respect of loss, injury, or damage to any person or property during the holding or occupation of the said lessee and its representatives and assigns," such lessee cannot hold the assignee of his lessor liable for damage to goods of the lessee from water that in the summer time by reason of the negligence of an engineer employed by the lessor's assignee was allowed to escape from the boiler of a steam engine used in operating the elevator into the pipes connected with the radiators in the building and thence through their open valves to the part of the building occupied by the lessee. Following Fera v. Child, 115 Mass. 32.
LORING, J.
This case is concluded by the decision in Fera v. Child, 115 Mass. 32. No distinction should be made between the agreement in the lease in that case and that in the lease in the case at bar. That decision should not be overruled. The distinction between Fera v. Child, ubi supra, and Smith v. Faxon, 156 Mass. 589, is fully explained in the latter case.
Judgment for the defendant.