411 F.2d 572 (1969)
Plaintiff parents of deceased child, in a diversity case, brought a wrongful death action for the death of their son who died of carbon monoxide poisoning while a guest in defendant's motel. A chair next to the heater had burned and was smoldering. Plaintiffs alleged that the gas heater in the motel room was defective because it had been improperly installed, was improperly vented, and had never been inspected or cleaned since the time of installation. A jury verdict in the form of answers to special interrogatories found that the death was not proximately caused by the negligence of defendants, and that his death was due to an unavoidable accident. The district court entered a final judgment for defendants and dismissed the action on its merits, from which plaintiffs appealed.
- On review, the court affirmed the decision because the district court did not err in charging the jury that defendants owed decedent a duty of ordinary care instead of a high degree of care under state law, the testimony of appellees regarding other occupants of the room was properly admitted, and because the submission of the interrogatory did not constitute reversible error.
The court affirmed the dismissal of a wrongful death action by plaintiff parents of deceased child against defendant motel owners because the district court did not err in charging the jury that defendants owed decedent a duty of ordinary care instead of a high degree of care, the testimony of appellees regarding other occupants was properly admitted, and because an interrogatory given to the jury did not constitute reversible error.
-Δ hotel owners offered to prove that in so many years, with so many people staying in that room, no one ever complained.
veracity risks are low – people aren’t making a statement by not complaining