, The Supreme Court of Rhode Island cogently defeated this argument by stating: See Reardon v. Shimelman, 102 Conn. 383, 388-389 (1925); Isaacson v. Husson College, 297 A.2d 98, 104 (Me. 1972); Dubreuil v. Dubreuil, 107 N.H. 519, 522 (1967); Fuller v. Housing Auth. of Providence, 108 R.I. 770, 773-774 (1971); Smith v. Monmaney, 127 Vt. 585, 589 (1969). While Maine relies on a general negligence standard for a slip and fall on snow or ice where the plaintiff is a business invitee of the defendant, Isaacson v. Husson College, supra, Maine has not abandoned the natural accumulation rule as a limitation on a landlord's liability to a tenant.
Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977) (quoting Skivington v. Robinson, 106 N.H. 493, 496, 213 A.2d 921, 923 (1965)). The court entertaining the motion is required to construe both the evidence and all reasonable inferences therefrom most favorably to the party opposing it. Id.; Dubreuil v. Dubreuil, 107 N.H. 519, 520, 229 A.2d 338, 339 (1967). If the evidence adduced at trial is conflicting, or if several reasonable inferences may be drawn, the motion should be denied. Amabello, supra at 561, 391 A.2d at 1185.
The court must construe the evidence and all reasonable inferences therefrom most favorably to the party opposing the motion. Dubreuil v. Dubreuil, 107 N.H. 519, 229 A.2d 338 (1967). It cannot weigh the evidence or judge the credibility of the witnesses, and, if the evidence is conflicting or several reasonable inferences may be drawn, the motion for judgment n.o.v. should be denied.
Consequently the trial court properly denied Cash Carry's motions for nonsuit and a directed verdict. Stevens v. Bow Mills Methodist Church, 111 N.H. 340, 283 A.2d 488 (1971); Dubreuil v. Dubreuil, 107 N.H. 519, 229 A.2d 338 (1967). Defendant's exception to the failure of the court to withdraw the issue of improper storing of the paneling is overruled.
The standard of review is whether the evidence and all reasonable inferences therefrom, construed most favorably to the plaintiff, would permit a jury to find in her favor. Scott v. J.J. Brady Sons, Inc., 113 N.H. 65, 67, 302 A.2d 108, 109 (1973); Dubreuil v. Dubreuil, 107 N.H. 519, 520, 229 A.2d 338, 339 (1967). The basic facts are not in dispute.
In determining this issue "the evidence and all reasonable inferences therefrom must be construed most favorably to the plaintiff". Dubreuil v. Dubreuil, 107 N.H. 519, 229 A.2d 338 (1967); Plume v. Couillard, 104 N.H. 267, 184 A.2d 452 (1962). Plaintiffs presented evidence from which a jury could find that plaintiffs' five horses were loaded on a truck in Florida with four horses belonging to other owners.
"Where the plaintiff's conduct is susceptible of any reasonable and non-culpable explanation, the issue is for the jury." Dubreuil v. Dubreuil, 107 N.H. 519, 522, 229 A.2d 338, 340 (1967); Wright v. Connecticut Valley Electric Co., 106 N.H. 113, 206 A.2d 103 (1964).
The following is a representative sampling of judicial thought on the issue before us. The courts adopting the Massachusetts Rule are: Kilbury v. McConnell, 246 Ark. 528, 438 S.W.2d 692; Rosenberg v. Chapman Nat'l Bank, 126 Me. 403, 139 A. 82; and Davis v. Lindau, 270 Wis. 218, 70 N.W.2d 686. The Connecticut Rule has been adopted in the following instances: Langley Park Apartments v. Lund, 234 Md. 402, 199 A.2d 620; Strong v. Shefveland, 249 Minn. 59, 81 N.W.2d 247; Dubreuil v. Dubreuil, 107 N.H. 519, 229 A.2d 338; Smith v. Monmaney, 127 Vt. 585, 255 A.2d 674; Langhorne Road Apartments, Inc. v. Bisson, 207 Va. 474, 150 S.E.2d 540. In Rhode Island, a possessor of land who leases a portion thereof and retains in his control any other portion which is used in common by his tenants, owes to his tenants the duty to maintain the retained portion in a reasonably safe condition consistent with its prospective use. Reek v. Lutz, 90 R.I. 340, 158 A.2d 145; Allen v. William H. Hall Free Library, 68 R.I. 80, 26 A.2d 751. This duty has been extended to include the proper maintenance of passageways or sidewalks outside the demised premises.
It is axiomatic that in considering these claims the "evidence and all reasonable inferences therefrom must be construed most favorably to the plaintiff." Dubreuil v. Dubreuil, 107 N.H. 519, 520, 229 A.2d 338; Plume v. Couillard, 104 N.H. 267, 268, 184 A.2d 452. While the nonsuit motion was properly denied if there was any evidence permitting the submission of the case to the jury on any of plaintiff's claims the defendant's motions to limit issues require individual examination. The plaintiff presented evidence from an architect that the paint that was used on the bathroom floor was hazardous when wet, that the uneven surface of the floor, the lack of a mat, the lack of a handrail and inadequate lighting all rendered the bathroom unsafe and not in accordance with reasonable safety standards.
Some other states have refused to follow the Massachusetts rule, treating it as providing an illogical exception to the general duty of the landlord to use reasonable care to keep the common areas in his control in safe condition. Fuller v. Housing Authority, 108 R.I. 770, 279 A.2d 438, 49 A.L.R.3d 382 (1971); Dubreuil v. Dubreuil, 107 N.H. 519, 229 A.2d 338 (1967); Strong v. Shefveland, 249 Minn. 59, 81 N.W.2d 247 (1957). The New York cases have adopted an intermediate position.