Commenwealth v. Welansky, 316 Mass. 383, 55 N.E.2d 902 (1944) p463.

Negligent and reckless homicide

D owned and operated a nightclub. One night while he was sick in the hospital, the nightclub caught on fire. Many people died in the fire. The emergency exits were hidden or inaccessible.

D was indicted for manslaughter. Sentenced to prison on each count for a term of not less than 12 years. Hard labor and solitary confinement.

Did the deaths caused by the fire result in negligence or inattention to providing adequate emergency exits?

Common law conduct does not become criminal until it passes the borders of negligence and gross negligence and enters into the domain of wanton or reckless conduct.

The deaths resulted from wanton or reckless disregard of the safety of patrons in the event of fire from any cause by D.

City approved plans for the night club included fire doors which were never provided by D. The plans called for him to install fire doors that would close automatically in case of fire.