Ashton v. Fall River Gas Works Co.
Massachusetts Supreme Judicial Court
Tort under R. L. c. 171, § 2, as amended by St. 1907, c. 375, by the administrator of the estate of George Hoskar, late of Fall River, for negligently causing the death of the plaintiff’s intestate by gas poisoning on April 5, 1913. Writ dated May 5, 1913. In the Superior Court the case was tried before White, J. The evidence is described in the opinion.
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Tort under R. L. c. 171, § 2, as amended by St. 1907, c. 375, by the administrator of the estate of George Hoskar, late of Fall River, for negligently causing the death of the plaintiff’s intestate by gas poisoning on April 5, 1913. Writ dated May 5, 1913. In the Superior Court the case was tried before White, J. The evidence is described in the opinion. At the close of the evidence, the defendant, among other requests, asked the judge to make the following rulings: “1. On the whole evidence the plaintiff is not entitled to recover.” “5. There is no evidence in this case that the deceased was…
1Opinion of the CourtCarroll, J.
The plaintiff’s intestate, George Hoskar, occupied the lower east tenement of a four-tenement building. He was last seen alive shortly after nine o’clock in the morning of April 5, 1913. He was then about to enter his own tenement. At two o’clock in the afternoon of that day he was found sitting on a chair in his kitchen, dead, from illuminating gas. Near by, or as one witness testified, in the hands of the deceased, was a gas fixture or chandelier which had been unscrewed from the gas pipe above, and there was a rag and some cleaning material on the table in front of him. The doors and…
2Cases cited3 opinions
- Lydon v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1911
- MacDonald v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1911
- Chester v. W. A. Murtfeldt Co.Massachusetts Supreme Judicial Court · 1914
3Cited by1 opinion
- Ellis v. EllisonMassachusetts Supreme Judicial Court · 1931