Hourigan v. Nowell
Massachusetts Supreme Judicial Court
Tort under the St. of 1869, e. 152,* by the administrator of the estate of Mary Hourigan, to recover for injuries sustained by her from the explosion, on July 6, 1871, of kerosene oil, which had been sold by the defendant to Albert R. White, and was below the standard fixed by the statute.
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Tort under the St. of 1869, e. 152,* by the administrator of the estate of Mary Hourigan, to recover for injuries sustained by her from the explosion, on July 6, 1871, of kerosene oil, which had been sold by the defendant to Albert R. White, and was below the standard fixed by the statute. At the trial in this court, before Wells, J., it appeared that the plaintiff’s intestate, while in the employ of White, was injured in the manner and at the time alleged in the declaration; that on February 17, 1871, White purchased of the defendant a barrel of kerosene oil for his own use, which he was…
1Opinion of the CourtAmes, J.
For the purpose of protecting the community against the dangers incident to the use of explosive illuminating oils, it is provided by the St. of 1869, o. 152, §§ 2, 7, that any person who *473shall sell illuminating oil mixed with naphtha, or any illuminating oil, made from coal or petroleum, of a quality below the prescribed standard, shall be punished by fine and imprisonment, and shall also be liable in damages to any person injured by the explosion or ignition of any such oil thus unlawfully sold. He is furthermore liable to the forfeiture of all such oil thus unlawfully kept for sale; and…
2Cases cited2 opinions
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Commonwealth v. RaymondMassachusetts Supreme Judicial Court · 1867
3Cited by12 opinions
- Heizer v. Kingsland & Douglass Manufacturing Co.Supreme Court of Missouri · 1892
- Commonwealth v. WentworthMassachusetts Supreme Judicial Court · 1875
- Gately v. TaylorMassachusetts Supreme Judicial Court · 1912
- Morrison v. LeeNorth Dakota Supreme Court · 1907
- Shamrock Fuel & Oil Sales Co. v. TunksCourt of Appeals of Texas · 1966
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