| Commonwealth v. Welansky | |
| Court: | Massachusetts Supreme Judicial Court |
| Full Name: | Commonwealth v. Barnett Welansky |
| Citations: | 316 Mass. 383 55 N.E.2d 902 |
| Judges: | Fred Tarbell Field, Henry T. Lummus, Stanley Elroy Qua, Arthur Dolan, James Ronan, John Spaulding |
| Number Of Judges: | 6 |
| Decision By: | Lummus |
| Italic Title: | yes |
Commonwealth v. Welansky, 316 Mass. 383, 55 N.E.2d 902 (1944), is a criminal case about the Cocoanut Grove fire that illustrates principles of negligent homicide and reckless homicide in the case where there is not an affirmative act, but a failure to act (omission) when there is a duty of care.[1]
Barnett Welansky was found guilty of wanton or reckless homicide in the Cocoanut Grove fire.[1] Welansky maintained and operated the Cocoanut Grove nightclub, knew or should have known that the club fire escapes were inadequate and in violation of building safety codes, and while Welansky was offsite, the building caught fire and hundreds could not escape and died.[1]
The court wrote: