(DOWNLOAD) "United Zinc & Chemical Company v. Britt Et Al." by Supreme Court of the United States " Book PDF Kindle ePub Free
eBook details
- Title: United Zinc & Chemical Company v. Britt Et Al.
- Author : Supreme Court of the United States
- Release Date : January 27, 1922
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
MR. JUSTICE HOLMES delivered the opinion of the court. This is a suit brought by the respondents against the petitioner to recover for the death of two children, sons of the respondents. The facts that for the purposes of decision we shall assume to have been proved are these. The petitioner owned a tract of about twenty acres in the outskirts of the twon of Iola, Kansas. Formerly it had there a plant for the making of sulphuric acid and zinc spelter. In 1910 it tore the building down but left a basement and cellar, in which in July, 1916, water was accumulated, clear in appearance but in fact dangerously poisoned by sulphuric acid and zinc sulphate that had come in one way or another from the petitioner's works, as the petitioner knew. The respondents had been travelling and encamped at some distance from this place. A travelled way passed within 120 or 100 feet of it. On July 27, 1916, the children, who were eight and eleven years old, came upon the petitioner's land, went into the water, were poisoned and died. The petitioner saved the question whether it could be held liable. At the trial the Judge instructed the jury that if the water looked clear but in fact was poisonous and thus the children were allured to it the petitioner was liable. The respondents got a verdict and judgment, which was affirmed by the Circuit Court of Appeals. 264 Fed. 785.
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