Miller v. New York Oil Co.

Kimball, Justice.

In April, 1921, the defendant and appellant, New York Oil Company, a corporation, engaged in furnishing natural gas to the inhabitants of Casper, installed a gas water-heater in a bathroom of an apartment house belonging to H. E. Miller, the plaintiff and respondent. On December 28, 1921, A. J. Morton, a tenant in the apartment house, came to his death while taking a bath in that room. A post mortem examination disclosed that Morton died from asphyxiation due to carbon dioxide, and the cause of death was not disputed. There is no reason to doubt that the poisonous gas inhaled…