Commonwealth v. Welansky

1944

Court: Supreme Court of Mass

Facts: Deficient fire exits, possible defective wiring, inflammable decorations. Many deaths.

Posture: Appealed, presumably, but the opinion is pretty trimmed down.

Issue: Was the Commonwealth required to prove that the fire was caused by the defendant's reckless conduct?

Holding: No. Affirmed.

Rule: It enough to prove that his disregard for safety was the cause of death.

Reasoning: Willfully causing harm is different from doing so wantonly. Also, a reasonable person would have recognized the danger. This is an example of a commission (or omission where there is a duty to act) that puts people at substantial risk of harm.

Dicta: