Legal Opinion

Bartlett v. Boston Gas Light Co.

Massachusetts Supreme Judicial Court

Decided May 8, 1875PublishedCited by 22 opinions

Tobt for injuries to the plaintiff’s reversionary interest and estate in' a house on Columbus Avenue, Boston, caused by an explosion of gas. At the trial in the Superior Court before Baeon, J., the following facts appeared: At the time of the accident, the house was occupied by Isaac Greensfelder as a tenant to the plaintiff, under a written lease.

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Tobt for injuries to the plaintiff’s reversionary interest and estate in' a house on Columbus Avenue, Boston, caused by an explosion of gas. At the trial in the Superior Court before Baeon, J., the following facts appeared: At the time of the accident, the house was occupied by Isaac Greensfelder as a tenant to the plaintiff, under a written lease. In consequence of a leak in the street pipe, the gas worked through the soil into the plaintiff’s house, and Greensfelder, during the night, smelling gas, took a candle and went into the basement of the house; and on arriving there, the gas ignited…

1Opinion of the CourtWells, J.

The injury to the plaintiff’s house, of which he complains, resulted from the explosion of gas ignited therein by his tenant. The ruling at the trial was that if “ this explosive gas was allowed to accumulate in and under the house of the plaintiff ” by the negligence of the defendant company, then, although the plaintiff’s tenant “ by his negligence ignited this explosive substance, the defendant would be liable.”

The negligence of the defendant consisted either in permitting a leak to occur through a defect in the main pipe in the street in front of the plaintiff’s house, or in neglecting to…

2Cited by22 opinions

  1. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  2. Frenkil v. JohnsonCourt of Appeals of Maryland · 1939
  3. Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
  4. Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
  5. McGahan v. Indianapolis Natural Gas Co.Indiana Supreme Court · 1894

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