Finnegan v. Fall River Gas Works Co.
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of John J. Finnegan, to recover for his death, caused by inhaling gas in the cellar of one of the buildings belonging to the defendant. Trial in the Superior Court, before Maynard, J., who, at the request of the defendant, ruled that the plaintiff was not entitled to recover, and directed a verdict for the defendant, and the plaintiff alleged exceptions. The facts appear in the opinion.
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Tort, by the administrator of the estate of John J. Finnegan, to recover for his death, caused by inhaling gas in the cellar of one of the buildings belonging to the defendant. Trial in the Superior Court, before Maynard, J., who, at the request of the defendant, ruled that the plaintiff was not entitled to recover, and directed a verdict for the defendant, and the plaintiff alleged exceptions. The facts appear in the opinion. The case was argued at the bar in March, 1893, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtHolmes, J.
In the opinion of a majority of the court, the exceptions must be sustained. The evidence for the plaintiff tended to show that his intestate was killed by inhaling gas while he was in the cellar of a building of the defendant, in pursuance of his duty as an employee of the Water Board of the city of Fall River, for the purpose of reading a water meter. There was no evidence how the gas got into the cellar, nor any evidence of the defendant’s negligence, beyond the facts that the gas was there, and that the ventilation of the cellar was stopped up. But it appears that the defendant, by taking…
2Cases cited4 opinions
- State v. BaldwinSupreme Court of Kansas · 1886
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Pomeroy v. Inhabitants of WestfieldMassachusetts Supreme Judicial Court · 1891
- Soquet v. StateWisconsin Supreme Court · 1888
3Cited by36 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- AndrewsMassachusetts Supreme Judicial Court · 1975
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Bernier v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1980
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