Black v. Partridge

Plaintiffs are the wife and adult son of Bruce Black. Defendant owns and operates a rooming house, in which Black was a lodger. Black was asphyxiated while operating an undented gas heater located in his room. In this action for his wrongful death the jury brought in a verdict for plaintiffs. Defendant appeals, contending that serious and prejudicial error occurred in the giving of certain instructions.

In November, 1949, appellant rented a room in her lodging house to Black for $6.00 per week. No maid or janitor service was furnished, but appellant had access to the room at all times. The…