Ellsworth v. Tedesco

JANVIER, Judge.

This litigation results from a tragic occurrence in a very small bathroom in which four young children were in some manner rendered unconscious, three recovering with little or no harmful results but the youngest, a girl of about two years of age, drowning in water in the bathtub.

The suit was brought against C. J. Tedesco, the landlord from whom the premises were rented, and against American Fire and Casualty Company, his insurer.

The charges are that the gas water heater in the bathroom was defective in at least three particulars, with the result that gas escaped into the room…