CAIN V. GEORGE
411 F.2d 572 (5th Cir. 1969)
NATURE OF THE CASE: This was a wrongful death action.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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