Ellsworth v. Tedesco

HAWTHORNE, Justice.

This is a damage suit which the parents of an infant girl who drowned in the bathtub have brought against their landlord and his insurer. The basis of the defendants’ liability was alleged by plaintiffs to be a defective bathroom heater which asphyxiated the baby and her brothers and sister who were in the bathroom with her. The district court denied recovery for the infant’s death for the reason that it had not been proved that the baby had drowned as a result of inhaling fumes *265from the defective heater. On appeal the Court of Appeal for the Parish of Orleans affirmed the…