Cain v. George

411 F.2d 572 (5th Cir. 1969)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A chair next to a heater had burned and was smoldering at the time the fire department arrived at a hotel. They found the body of a dead man who died of carbon monoxide poisoning while a guest at the hotel. The parents of the man sued the hotel for wrongful death; they alleged that the gas heater in the hotel room was defective and was the cause of their son's death. The jury found the situation an unavoidable accident and final judgment was given to D. P appealed. P contends that the trial court erred when it allowed evidence from the hotel owners concerning the number of guests who had occupied the same room and had made no complaints.