X rented a house and lot from the defendant with the understanding that possession and the lease would begin February 8, defendant meanwhile to repair a frozen water pipe on the premises. X moved in on the sixth while an employee of the defendant was making the repairs. Although aware of the premature occupancy, the defendant made no signs of objection or approval. The employee of the defendant negligently left an unguarded opening in the flooring, through which the plaintiff, a member of X's household, fell and injured himself. Held, that the defendant was liable. X enjoyed the rights of a tenant at sufferance, and a landlord owes the same duty to such an occupant as to any other type of tenant, a duty to avoid negligence in making repairs. The plaintiff had the same rights as X. McCourtie v. Bayton (Wash. 1930) 294 Pac. 238.

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