Commonwealth v. Welansky

Facts

Welanksy owned a night club in Boston. He typically spent his evenings at the club, inspecting the premises and superintending the business. On November 16, 1942, he became ill was had to be hospitalized until December 11, 1942. While in the hospital, he did not worry much about the club, because he “knew it would be all right” and that “the same system he had would continue” during his absence. There was no evidence of any act, omission, or condition at the club during his time away that was not regular practice while he was there.

On November 28, 1942, nearly a thousand people were at the club when an artificial tree caught on an employee lighting an electric light bulb that was near or in the coconut husks of the tree. The fire spread rapidly throughout the club and the panic stricken crowd rushed and paused in every direction, screaming, overturning tables, and throwing chairs in their attempts to escape. Many patrons and employees died.

Welanksy was indicted for involuntary manslaughter. Among other things, it alleged that he was reckless by failing to prevent defective wiring, installing flammable decorations, and failing to have sufficient proper exits and fire doors. He was found guilty. He appealed, arguing that he was not reckless because he did not intend to harm anyone.