[Download] "Cosman v. Donovan Et Al." by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Cosman v. Donovan Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 25, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
CROSBY, Justice. This is an action of tort to recover for personal injuries received as the result of an explosion in a gas stove in an apartment occupied by the plaintiff as a tenant and owned by the defendants. The plaintiff alleged that the injuries, which included a miscarriage, were due to negligence of the defendants. The case was tried before a jury. At the close of the evidence the Judge directed a verdict for the defendants on the ground that the evidence would not warrant a finding of agency. There was evidence that the defendants, three brothers, were the owners of a six family apartment house on Boylston Street in Boston. There were three apartments on each side of the house. The plaintiff lived on the third floor. A Mrs. Holden lived in a first floor apartment. The defendant Bernard L. Donovan looked after the property, collected the rents and did whatever was necessary about the premises. The plaintiff testified that on Saturday morning, May 5, 1928, she lighted the gas in the stove for the purpose of baking beans; that the beans had been baking all day; that between 5 and 5:30 o'clock in the afternoon she was lying down and her daughter told her there was something the matter with the gas; that it had been lighted and it went out; that the plaintiff thereupon went to the gas stove in the kitchen and had her son look in the oven to see if the gas was out there; that she did not notice any smell of escaping gas; that upon being told that it was out she got down on her knees in front of the stove and struck a match to light it; that a blue flame came out with a rumbling noise throwing her back and burning her hair; that after the accident she called down stairs and one Palmer and others camp up to her apartment; that she inquired why the gas had been turned off without her being warned; that Palmer told her he did not mean to hurt her.
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