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eBook details

• Title: Alvin R. Decoteau v. State North Dakota
• Author : Supreme Court of North Dakota
• Release Date : January 10, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

In support of her motion for a nonsuit the defendant seeks to invoke the rule which prevails in Massachusetts that "The relation of landlord and tenant imposed on the defendant no duty to remove from the steps ice naturally accumulating thereon." Bell v. Siegel, 242 Mass. 380; Woods v. Company, 134 Mass. 357. This rule has been severely criticized, and competent authorities have declared that it cannot be justified upon grounds of principle. Reardon v. Shimelman, 102 Conn. 383; 387; United Shoe Machinery Co. v. Paine, 26 Fed. Rep. (2d) 594. Its adoption here would involve a limitation of or an exception to the general rule in regard to the liability of landlords for the condition of common passageways upon their premises which has heretofore been announced by this court as follows. With reference "to those portions of the premises which the landlord furnishes for the common use of his tenants and over which he retains control... he has the duty to use ordinary care to keep such portions in safe condition, and is liable to the tenant for injuries resulting from his failure to do so." Burelle v. Pienkofski, 84 N.H. 200, 201; Gobrecht v. Beckwith, 82 N.H. 415, 417; Saad v. Papageorge, 82 N.H. 294, 296. It is not necessary for us to consider at this time, however, the soundness of the Massachusetts rule for even in that state the plaintiff would be allowed to go to the jury upon the testimony before us.

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