William Buxton, rented a housekeeping room in the Linton Hotel, of which the Carriss was manager. William
Question:
William Buxton, rented a housekeeping room in the Linton Hotel, of which the Carriss was manager. William paid a week s rent in advance on the morning of Saturday, June 5, and was assigned a room that had been vacant for about a week and had previously been occupied by Knutson. The room was equipped with a two-burner gas stove working off a coin meter. Attached to the stove was a safety device installed in March in compliance with a municipal by-law. This device was intended to prevent the flow of gas to the burner if the pilot light on the stove was not burning.
When the William and his side were taken to the room on the Saturday morning, Carriss showed them how to operate the stove. There was difficulty at that time in lighting the righthand burner, and that it "popped out". Mr. and Mrs. Buxton left the hotel and did not return until the middle of the night, at which time Mrs. Buxton turned on the stove, with difficulty, and left it burning for about 45 minutes. She spent the night at the hotel with her husband and left early the following morning to be with her children, who were staying with friends.
On the Sunday night Mr. Buxton returned to his room accompanied by one Dawson, and Dawson gave evidence at the trial as to the difficulty Buxton had in lighting the stove. He said that it would "flare up, just pop around and dance and go out". He also said that Buxton complained to persons in the hotel office about this difficulty. Knutson swore that during his occupancy of the room he had never used the right-hand burner.
On Tuesday morning, June 8, Carriss noticed a smell of gas in the corridor outside Mr. Buxton s room. He opened the room with the housekeeper s key and found Mr. Buxton lying dead on the bed, fully clothed. The room was filled with gas, the right-hand burner of the stove was turned on, but no gas was then coming from the stove. The stove was inspected that afternoon by the city police and the same difficulty was experienced in lighting the right-hand burner. The adjustable port which controlled the mixture of air and gas was found to be out of its proper position, and there was expert evidence to the effect that an incorrect mixture of air and gas would interfere with the combustibility, and further uncontradicted evidence that the condition of the port must have existed for a considerable time. The medical evidence was to the effect that Mr. Buxton died of asphyxia due to carbon monoxide poisoning.
Question:
- Can Mrs. Buxton claim torts against Linton Hotel?
- Even if there is a torts, can Linton Hotel raise any defense to reduce its liability?
Financial and Managerial Accounting the basis for business decisions
ISBN: 978-0078111044
16th edition
Authors: Jan Williams, Susan Haka, Mark Bettner, Joseph Carcello