Ehret v. Village of Scarsdale

The action is to recover damages for death of plaintiff’s intestate caused by alleged wrongful acts, neglect and default of the defendants. The plaintiff’s intestate and his companion, a watchman on the premises, were found dead in a house that had recently been erected by defendant Westchester County Small Estates Corporation. There seems to be no dispute that death resulted from asphyxiation by illuminating gas, which had escaped from a broken main in the street nearby, and that some of the gas came into the house through drains to which the escaping gas had access.

*32Nearly a year before the…