Issues:
Negligence, private right of action.
Case Summary:
(Editor's note: This case was decided in 1939.) A civil action is filed against a landlord following the death of one his tenants. Rose Anna Beauvais, the executrix of the dead tenant's estate, contends the landlord was negligent and contributed to the tenant's death by installing a faulty and illegal heating device. The tenant performed routine janitorial work and was killed when the heating unit exploded. The landlord contends the tenant's use of a defective burner caused the fatal explosion.
Decision of lower jurisdiction:
A superior court jury awarded Beauvais, $7,910 for the cause of the death, and $18,000 for "conscious suffering." The court held that the installation of an illegal device warranted a finding of negligence against the owner.
Outcome:
Beauvais wins. The Supreme Judicial Court of Massachusetts affirmed the decision of the lower court.