Legal Opinion

Goetz v. . Duffy

New York Court of Appeals

Decided May 25, 1915PublishedCited by 12 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 30, 1914, affirming a judgment in favor of defendants, respondents, entered upon a dismissal of the complaint as to them by the court at a Trial Term. The nature of. the action and the facts, so far as material, are stated in the opinion.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 30, 1914, affirming a judgment in favor of defendants, respondents, entered upon a dismissal of the complaint as to them by the court at a Trial Term. The nature of. the action and the facts, so far as material, are stated in the opinion. The facts establish a violation of the statute by a failure to provide the fire escapes contemplated by the legislature. (L. 1909, ch. 36, § 82; Arnold v. Nat. Starch Co., 194 N. Y. 42; Schwander v. Berge, 33 Hun, 186;…

1Opinion of the Court

Willard Bartlett, Oh. J.

This is an action to recover damages for negligently causing the death of plaintiff’s intestate, who lost his life in a factory fire on the sixth and uppermost floor of the building Nos. 129-131 West 31st street, in the borough of Manhattan in the city of New York. A corporation known as Charles A. Hetzel & Son Company occupied and used the southwest corner of the floor ■— a space 23 feet wide and 35 feet deep, fronting on West 31st street — for the manufacture of combs from ivory and celluloid. This corporation held the premises under a lease from the H. V. Keep Shirt…

2Cases cited3 opinions

  1. Willy v. . MulledyNew York Court of Appeals · 1879
  2. McRickard v. . FlintNew York Court of Appeals · 1889
  3. Arnold v. . National Starch Co.New York Court of Appeals · 1909

3Cited by12 opinions

  1. Finnegan v. Royal Realty Co.California Supreme Court · 1950
  2. Hente v. Shercoop CorporationNew York Court of Appeals · 1942
  3. Gerber v. Seaich Realty Co.Appellate Division of the Supreme Court of the State of New York · 1940
  4. Stanford v. Bailey IncorporatedCalifornia Court of Appeal · 1955
  5. Sitzler v. LathersAppellate Division of the Supreme Court of the State of New York · 1928

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