175 A.D. 554 | N.Y. App. Div. | 1916
The defendant’s taxidermist, Rockwell, poured a gallon of carbon disulphide over several stuffed eagles and a nest resting on forms resembling the stump of a tree, in a case ten by six by seven feet, and as the plaintiff and two others were, by Rockwell’s direction, closing it .quickly thereafter, there was an explosion that injured plaintiff and his fellows, causing the death of one. Although there is an effort to show by a chemist that an unneeded quantity of the disinfectant was used, that was not satisfactorily proved. But whether the evil to be cured required much or little is not important. The question rather is, whether it was dangerous and negligent to use, under the circumstances, an explosive quantity. Carbon disulphide or bisulphide is a liquid, and is not explosive unless the,evaporating gas is mixed with air, and then only when brought in contact with fire. There is a mirn'mnm amount that will not explode, but the quantity increasing reaches an explosive point, whence, up to a maximum of quantity, it increases in violence and then declines in explosive quality, because, I judge, there is not the proper ratio to the air present. It appears in the present case that the quantity of the chemical and its explosure and the opportunity for evaporation furnished favorable conditions for an explosion, provided a spark or flame was present. A pint in the space would be absolutely safe, a half gallon would admit of “a very mild sort of combustion. ” But even then there must be contact with spark or flame. Therefore, there were two ways of avoiding an explosion; one by introducing a non-explosive quantity; one by removing possible contact with an explosive quantity. The nature of the chemical is like that of gasoline. It is readily volatile, and, mixed in proper proportion with oxygen, will burn and explode. The record indicates that carbon disulphide is a dangerous agent in proximity to fire, and that it should be used with corresponding caution. In the case were two operating electric lights, one on each side, set in a container with three sides of wood and one of glass, supplied with electric current by wires entering the cage and descending in twisted form to within about two feet of the bottom of the case, where they separated — one wire running to each
The judgment should be reversed and a new trial granted, costs to abide the event.
Carr, Stapleton, Mills and Rich, JJ., concurred.
Judgment reversed and new trial granted, costs to abide the event.