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Cadogan v. Boston Consolidated Gas Co.

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eBook details

  • Title: Cadogan v. Boston Consolidated Gas Co.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 30, 1935
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

QUA, Justice. On March 29, 1923, Patrick A. Cadogan owned a house in Boston where he and his family lived. These actions were brought by his wife, since deceased, and his son and daughter to recover for personal injuries sustained by them on that day as a result of carbon monoxide poisoning. The plaintiffs' evidence tended to show the following: The kitchen in the house was about twelve feet wide, fifteen feet long and about nine to ten feet high. In it were a gas stove, with a gas oven and open jets on top for cooking, and a gas hot water heater. The heater was cylindrical in shape and contained a metal coil in which the water ran and upon which the gas flame impinged to heat the water. There was an opening at the top of this heater to which a flue could be attached to connect with a chimney, but none of the gas appliances were in fact connected with the chimney. The day was very cold, and because of the coal strike, Cadogan had no coal to operate his furnace. About 11:30 in the forenoon, the plaintiff Frank T. Cadogan lighted the gas oven, one of the open jets and the hot water heater. In about half an hour Mrs. Cadogan came into the kitchen. At some time the open jet was turned off, but was turned on again when Phyllis Cadogan came in about one o'clock. All three remained in the kitchen. The windows were all shut and the doors also except when someone went through. The heater and the oven continued to burn 'on full,' and the jet was still lighted. The three persons in the room were found unconscious about four-thirty or five o'clock. There was evidence from Phyllis that they became unconscious about quarter of two. There was no noticeable odor. The gas then furnished by the defendant contained between twenty-two and six tenths per cent and twenty-nine per cent of carbon monoxide.


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