Merion

On November 30, 1928, plaintiff was living with her mother in a furnished apartment located in an apartment house in Long Beach operated by defendants and rented from them. Installed in each apartment of the establishment, including that occupied by plaintiff and her mother, was a small Humphrey Radiant Pire Heater No. 20. On the date mentioned the mother lighted the heater in the morning, dressed, had breakfast and departed to her work, returning at noon for lunch. She knocked on the door of the apartment but received no answer; “I commenced hammering, pounding on the door. I heard her [the daughter] fool with the door, and she opened it and just fell back on the floor.” The mother then telephoned Dr. Newman, who in turn, thinking the girl might have been overcome by monoxide gas, requested the pulmotor squad of the fire department to go at once to the apartment. This they did, finding the girl unconscious. After working on her for forty-eight minutes consciousness was restored. The lieutenant in charge testified that he had been a member of the squad for several years and had treated at. least a hundred cases; that plaintiff’s breath at the time had the smell distinctive of…