Smith v. Boston Gas Light Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, a minor under five years of age, by the inhalation of gas, which escaped from the defendant’s pipes. Trial in this court, before Ames, J., who, after a verdict for the plaintiff, reported the case for the determination of the full court.
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Tort for personal injuries occasioned to the plaintiff, a minor under five years of age, by the inhalation of gas, which escaped from the defendant’s pipes. Trial in this court, before Ames, J., who, after a verdict for the plaintiff, reported the case for the determination of the full court. If, upon the facts, which appear in the opinion, there was any evidence to be submitted to the jury upon the questions of due care on the part of the plaintiff or those in charge of him, and of any negligence on the part of the defendant which caused the injury, and if the rulings were correct, judgment…
1Opinion of the CourtColt, J.
The plaintiff is a child of tender years. The escape of gas which caused the injury to him at the same time caused the death of his mother. The two occupied the same room and bed. Upon the question of the due care of the plaintiff and of his mother, who then had him in charge, the evidence presents as full a disclosure of the facts as the nature of the case allows. The plaintiff himself is too young to testify, and it does not appear that there is any other person living who can be called to give an account of them. The door of the room in which these persons slept was broken open in the…
2Cases cited9 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Kendall v. City of BostonMassachusetts Supreme Judicial Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Howser v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1894
- The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Finnegan v. Fall River Gas Works Co.Massachusetts Supreme Judicial Court · 1893
37 more not listed; retrieve them via the Exa API.