248


VOLUNTBBBS,  UGXN8BS8,  TBXSPABSBBS  §  1886

tenant  was  contemplated^  and  his  occupation  was  so  tern-
ponuy  that  the  biwden  of  safety  may  fairly  be  held  to  have
remained  with  the  landlord.^  Thus,  a  temporary  lease  of  a
theatre  or  other  public  building  does  not  relieve  the  landlord
fix>m  liability  to  invitees  of  the  tenant  for  defects  which  the
landlord  knew  or  might  easily  have  known  at  the  time  of  the
letting/*

§  188c.  VoluntmrSy  licensees,  trespassers. — ^But  it  seems
that,  in  any  case,  the  liability  will  not  be  extended  for  the
benefit  of  those  who  come  upon  the  premises  for  their  own  con-
venience merely,  without  any  invitation,  either  express  or  which
may  be  fairly  implied  from  the  preparation  and  adaptation  of
the  premises  for  the  piuposes  for  which  they  are  appropriated.^

Tlius,  the  landlord  is  not  liable  to  one  coming  to  borrow  money
of  his  brother,  a  tenant,  the  latter  not  being  in  the  business
of  borrowing  mon^  and  not  expecting  him;  ^  or  to  one  com-
ing to  attend  a  wake,  who  is  not  a  relative  of  the  tenants  nor
invited  by  them;  ^  nor  to  one  going,  for  her  own  purposes  to
inquire  concerning  a  servant;  ^  or  to  seek  employment;  ^

«C/.  infra,  {338.
««  Oxford  9.  Leathe,  105  Mass.  264.   Cp.  Oamp  v.  Wood,  76  N.  Y.  92.
^  Severy  tr.  Nickenon,  120  Mass.  306;  Noonan  v.  O'Heam,  216  Mass.
683,  585;  Aleasi  v.  Fitsgerald,  217  Mass.  576,  578.  Cf.  Laporta  v.  New
York  Central  R.  C!o.,  224  Mass.  100,  103.
*  Ganl^  V,  Hall,  168  Mass.  513  (ioe  caused  by  defective  gutters  oyer
common  stairs).   Cp.  Dalin  v,  Worcester,  etc.,  St.  Ry.,  188  Mass.  344.
