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? |
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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. |
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Dicta: |
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