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RODRIGUEZ v. HOUSTON CORPORATION

Nos. 63-781, 63-797.

167 So.2d 746 (1964)

Monserrate Albin RODRIGUEZ, as surviving spouse of Dolores Rodriguez, deceased, and next friend of Maria Dolores Rodriguez and Norma Inez Rodriguez, their minor children, Appellant, v. The HOUSTON CORPORATION, a Nonresident Corporation, Appellee. Monserrate Albin RODRIGUEZ, as surviving spouse of Dolores Rodriguez, deceased, and next friend of Maria Dolores Rodriguez and Norma Inez Rodriguez, their minor children, Appellant, v. 76TH STREET CORPORATION, a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 21, 1964.

Attorney(s) appearing for the Case

Paul A. Louis, Bertha Claire Lee, Norman A. Sand, Fay L. Becker, Charles A. Williams and Donald Frost, Miami, for appellant.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for Houston Corp., Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for 76th Street Corp., appellees.

Before BARKDULL, C.J., and CARROLL and HENDRY, JJ.

CARROLL, Judge.

This is a wrongful death action brought by the husband and children of a woman whose death by asphyxiation was caused by carbon monoxide gas. The family lived in an apartment house, where they were lessees of a small "efficiency" apartment. Their apartment, as were some of the others, was equipped with a gas operated refrigerator. The burner on the appliance malfunctioned when something impinged on the flame...

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