Festa v. Piemonte
| Decision Date | 03 May 1965 |
| Parties | Federico FESTA v. Evelyn P. PIEMONTE. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
James H. Donovan, Boston, for plaintiff.
John T. Dohahue, Boston, for defendant.
Before WILKINS, C. J., and WHITTEMORE, KIRK, SPIEGEL and REARDON, JJ.
RESCRIPT OPINION.
The plaintiff, seventy-eight years of age at the time of the accident which is the basis of this action, was a tenant at will in the defendant's premises. He went to the roof of the five story tenement to adjust the television antenna and as he closed the door leading from the roof to the stairway he attempted to secure a hook on the door, whereupon he fell down the stairs and sustained personal injuries. The sole issue is whether the trial judge erred in denying a request of the plaintiff to the effect that G.L. c. 143, §§ 21 and 51 (), provided a basis for recovery. The Appellate Division properly dismissed a report on the ground that an inspector for the city of Boston had certified that there was no violation of c. 143 and that such certification of compliance preludes recovery on the basis of the statute. Perry v. Bangs, 161 Mass. 35, 39, 36 N.E. 683. The Appellate Division further gave appropriate indication that none of the benefits of G.L. c. 143, §§ 21 and 51, is 'available to persons using stairways and egresses for purposes other than escape from danger from fire.' Landers v. Brooks, 258 Mass. 1, 3, 154 N.E. 265, 49 A.L.R. 562; Aldworth v. F. W. Woolworth Co., 295 Mass. 344, 348, 3 N.E.2d 1008.
Order dismissing report affirmed.
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