Carmody v. Boston Gas Light Co.
Massachusetts Supreme Judicial Court
Foub actions of tobt, for injuries occasioned to the respective plaintiffs hy the escape of gas. The cases were tried together in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. It appeared by evidence introduced in behalf of the plaintiffs that the injuries complained of were caused by the escape of gas into the plaintiffs’ apartments from the defendant’s pipes in the street, the plaintiffs inhaling the gas while asleep.
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Foub actions of tobt, for injuries occasioned to the respective plaintiffs hy the escape of gas. The cases were tried together in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. It appeared by evidence introduced in behalf of the plaintiffs that the injuries complained of were caused by the escape of gas into the plaintiffs’ apartments from the defendant’s pipes in the street, the plaintiffs inhaling the gas while asleep. The defective condition of the pipe, according to the plaintiffs’ evidence, was that the pipe was rotten, and a large hole…
1Opinion of the CourtBarker, J.
The plaintiffs asked the court to instruct the jury “ that there was evidence enough of want of proper care on the part of the defendant to make it responsible, on the ground that it was bound to conduct its gas in a proper manner, and that the fact that the gas escaped was prima facie evidence of some neglect on the part of the defendant.” This request was copied from a ruling given in Smith v. Boston Gas Light Co. 129 Mass. 318, where this court said of it that, as applied to the facts of that case, it could not be said to be wrong. The presiding justice in the present case declined to give…
2Cases cited3 opinions
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1889
3Cited by25 opinions
- Mayes v. Kansas City Power & Light Co.Supreme Court of Kansas · 1926
- McClure v. Hoopeston Gas & Electric Co.Illinois Supreme Court · 1922
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- Sipple ex rel. Sipple v. Laclede Gaslight Co.Missouri Court of Appeals · 1907
- Musolino LoConte Co. v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1953
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