D was the lessee of a wharf or dock which the lessor covenanted to keep in usual repair and that the lessor reserved the right to discharge one or more vessels each year and also had a privilege of loading or unloading its lighter over said premises without charge. Two years after the lease began, a decayed plank on the dock gave way under a truck containing lumber resulting in injury to P. The defect in the plank was not patent to casual observation but could have been discovered by reasonably careful inspection. The occupancy and control of the dock and the liabilities incident thereto were apparently that of the lessee in possession under the lease. The court directed a verdict for D and P appealed.

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