Opinion
Decided December 4, 1934.
The owner of a tenement building is under no obligation to light the stairways retained in his control for the common use of his tenants unless he has expressly or impliedly so agreed. Semble, that where special dangers may be encountered because of defective or unusual construction the landlord would be under a duty to maintain proper lighting.
TWO ACTIONS, — one to recover for personal injuries alleged to have been sustained by Anastasia Lengas (hereinafter called the plaintiff) by reason of the defendants' negligence; the other brought by the plaintiff's husband for the loss resulting to him. The jury having found, on the submission of special issues, that the plaintiff was not guilty of contributory negligence, the court directed a verdict for the defendants subject to exception.
The evidence tended to prove the following facts. The defendants were the owners of a three-story tenement house in Manchester, each tenement of which opened upon a small back piazza. These piazzas were connected by a stairway which gave access to an alley leading to Union street. The accident occurred on the night of September 7, 1931. The plaintiff had been calling on the family of George Grezotes, a tenant of the defendants. She was accustomed to call there and was familiar with the premises. There was an electric light on each piazza, and each light was controlled by a switch inside the tenement. When the plaintiff started to go home Grezotes turned on his light, but he had no control over the lights on the other piazzas. The lower piazza was in darkness, and the plaintiff fell on the short flight of steps which led from that piazza to the alley. The electric wires and fixtures were installed by the defendants when the back entrance to the building was constructed. Each tenant turned his piazza light on and off as he saw fit and paid for the current used.
Further facts are stated in the opinion. Transferred by Young, J.
Hurley Connor (Mr. Connor orally), for the plaintiff.
O'Connor Saidel (Mr. Saidel orally), for the defendants.
It is the general rule that the owner of a tenement building is under no obligation to light the stairways retained in his control for the common use of his tenants unless he has expressly or impliedly agreed to do so or unless that duty is imposed by statute. Hawes v. Chase, 84 N.H. 170, and cases cited.
There is no statute in New Hampshire which requires such service and nothing in the present case to indicate that the defendants agreed to render it. Indeed, the evidence is quite to the contrary. The case is not unlike that of Huggett v. Miers, [1908] 2 K.B. 278, where it is said (p. 284) that the facts "distinctly negative any implication that the landlord had undertaken to light the staircase, because each tenant lighted his own landing" and that it is impossible "to infer in favor of a person using the staircase by invitation of a tenant any understanding on the part of the landlord to do what the tenants . . . undertook to do for themselves."
The contention that the defendants "allowed to exist a defective condition which resulted in a dangerous trap" is not borne out by the record. Conceding that where special dangers may be encountered because of defective or unusual construction, a landlord may be required not only to install proper lights but to keep them lighted, we find here no evidence of any defect or pitfall connected with the steps or rails or landings, and the photographs which were introduced as exhibits plainly show typical tenement-house construction.
Judgments for the defendants.
All concurred.