While the annotators point out that "it is generally held that the liability arises only where the landlord had actual or constructive notice of the defect in question, and thereafter failed to make the necessary repairs within a reasonable time" (17 A.L.R.2d 704, 722), many of the cited cases involve situations of interior rather than external defects. See for instance, Pease v. Nichols (Ky., 1958), 316 S.W.2d 849, 851: "Whether the landlord's duty to furnish lighting is created by statute, ordinance or common law, failure to perform that duty constitutes actionable negligence only when there is notice to the landlord, actual or constructive of the conditions constituting the failure"; Fogarty v. M.J. Beuchler Son (1938), 124 Conn. 325 [ 199 A. 550], holding that the Legislature could not have intended liability for injuries due to defects in plumbing unless landlord "knew of them or ought to have discovered them by reasonable inspection." (P. 552 [199 A.].)

The doctrine permits, but does not compel, such an inference. Fogarty v. M. J. Beuchler Son, Inc., 124 Conn. 325, 330, 199 A. 550. The doctrine has no evidential force, does not shift the burden of proof and does not give rise to a presumption.

The result is simply that such proof, without proof of further facts tending to show negligence, satisfies the plaintiff's duty of producing evidence sufficient to permit the trier, whether court or jury, to draw an inference of negligence. Ruerat v. Stevens, 113 Conn. 333, 337, 155 A. 219. The doctrine permits, but does not compel, such an inference. Fogarty v. M. J. Beuchler Son, Inc., 124 Conn. 325, 330, 199 A. 550. The doctrine has no evidential force, does not shift the burden of proof and does not give rise to a presumption. Ryan v. George L. Lilley Co., 121 Conn. 26, 30, 183 A. 2. It is but a specific application of the general principle that negligence can be proved by circumstantial evidence.

We are mindful of the principle that a landlord cannot be held liable for injuries resulting from a defect where he knew only of conditions naturally productive of the defect, but did not know of the defect itself. Kirby v. Zlotnick, 160 Conn. 341, 344, 278 A.2d 822; Fogarty v. M. J. Beuchler Son, Inc., 124 Conn. 325, 329, 199 A. 550. The case before us, however, is distinguishable from cases where that principle operated to protect the landlord, because here the steam leak, which the jury could have believed existed from evidence of the sizzling noise, was itself a product of the defect rather than a condition naturally productive of it. It therefore constituted knowledge not of a condition productive of the defect, but of the defect itself. One of the specifications of negligence in the plaintiff's complaint was an allegation that the defendants violated H-2-6n of the Bridgeport housing code.

The doctrine permits, but does not compel, such an inference. Fogarty v. M. J. Beuchler Son, Inc., 124 Conn. 325, 330, 199 A. 550. The doctrine has no evidential force, does not shift the burden of proof and does not give rise to a presumption.

The result is simply that such proof, without proof of further facts tending to show negligence, satisfies the plaintiff's duty of producing evidence sufficient to permit the trier, whether court or jury, to draw an inference of negligence. Ruerat v. Stevens, 113 Conn. 333, 337, 155 A. 219. The doctrine permits, but does not compel, such an inference. Fogarty v. M. J. Beuchler Son, Inc., 124 Conn. 325, 330, 199 A. 550. The doctrine has no evidential force, does not shift the burden of proof and does not give rise to a presumption. Cyan v. George L. Lilley Co., 121 Conn. 26, 30, 183 A. 2. It is but a specific application of the general principle that negligence can be proved by circumstantial evidence.

Our reference merely recites what we have said in other cases. "Ordinarily, where there is no agreement to repair, the landlord is not liable for defective conditions within a tenement he has rented; but if he retains control of any part of the building, with that control goes the duty to take reasonable care to keep that portion reasonably safe. Liability in such cases does not depend primarily upon the portion of the building in which the defective condition occurs but on the fact that the owner has retained control." Fogarty v. M. J. Beuchler Son, Inc., 124 Conn. 325, 331, 199 A. 550. A landlord may, with the acquiescence of the tenant, so retain control over portions of the premises within a tenement that he will be responsible for their proper care. Shegda v. Hartford-Connecticut Trust Co., 131 Conn. 186, 189, 38 A.2d 668. In the case at bar, if the defendant reserved control over the rear porch, liability might be imposed if reasonable care to make the repairs after notice was not exercised by it. It is claimed that there was evidence before the jury of an agreement between the parties that the landlord had the right to inspect the premises and the exclusive right to make repairs therein, and that the tenant would refrain from making any repairs at all.

He fulfills his duty when he uses reasonable care. Fogarty v. M. J. Beuchler Son, Inc., 124 Conn. 325, 328, 199 A. 550; Aprile v. Colonial Trust Co., 118 Conn. 573, 580, 173 A. 237; Chambers v. Lowe, 117 Conn. 624, 629, 169 A. 912. The court's charge was in accordance with the law and its refusal to comply with the specific requests could not have prejudiced the plaintiffs. The plaintiffs further complain that the court failed to charge the jury properly upon the landlords' duty of inspection, in view of the right of control, the proximity of the landlords' own dwelling and the nature of the particular defect.

See Miller v. Mutual Mortgage Co., 112 Conn. 303, 305, 152 A. 154. An owner may also be found to have in fact retained control of parts of a building, apartments in or a portion of which he has rented. Brandt v. Rakauskas, 112 Conn. 69, 72, 151 A. 315; Killian v. Logan, 115 Conn. 437, 440, 162 A. 30; Hurlburt v. Sherman, 116 Conn. 102, 105, 163 A. 603; Fogarty v. M. J. Beuchler Son, Inc., 124 Conn. 325, 331, 199 A. 550. Under the stipulation of facts and the finding as we have corrected it, the question before us cannot be determined upon the basis of actual control by the Linen Company of the portion of the building which was damaged. The answer to the issue before us must be found in a determination whether the portion of the building damaged was included in the parts of the premises rented to the Linen Company.

White v. DeVito Realty Co., 120 Conn. 331, 335, 180 A. 461. Liability in such cases depends primarily on the fact that the landlord has retained control. Fogarty v. M. J. Beuchler Son, 124 Conn. 325, 331, 199 A. 550. There was no express reservation of the driveway by the defendants and the question was whether the retention by them of the third garage and the use of the house for storage, with the right of access, would justify an inference by the Jury that the driveway was retained by the defendants for the common use of themselves and the plaintiff. In Vinci v. O'Neill, 103 Conn. 647, 654, 131 A. 408, we held that entering upon land in possession of another where there is an express or implied reservation of a right of access does not constitute an act of control.