COUNIHAN, J.
This is an action of tort for personal injuries sustained by the plaintiff on June 17, 1951, as a result of a fall in the bathroom of a basement apartment at 228 Kelton Street, Allston, occupied by her as a tenant at will of the defendant. It was agreed that "the defendant was the owner and was in control of the apartment building in which the plaintiff was a tenant; and that the alleged accident occurred in her own bathroom in that part of the premises...
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