P rented premises from D. P fell on a defective stairway. P sued D. During trial the judge found that P was injured by reason of a defect in the stairway owned and controlled by D and that the accident happened on April 18th. Notice to vacate for nonpayment of rent was received by P's husband on April 1st and that on April 14th, D commenced an action for possession of the premises. The judge ruled that P's husband was a tenant at sufferance on the premises. The judge ruled that there was no wanton and willful act by D which caused the injuries to P. The judgment went to D and P appealed.

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