Petitt v. Morton

From this summary of the opening statement, it is evident that the controversy in this case may be determined by the solution, of twp questions. First, did the damage to plaintiff’s property result proximate-ly from the failure of the defendant to construct fire escapes on the building as provided by the ordinance and, second, is the plaintiff barred from recovery in this action by the fact that he failed to claim in his injunction suit the damages which he now seeks to recover?

In view of the fact that the plaintiff was an occupant of the ground floor, the ordinance , for the construction of…