Mulcrone v. Wagner

It seems to me that there is no analogy between a fireman entering a building to extinguish a fire and an inspector entering it to make an inspection. If the inspection here had been made by a building inspector instead of a fireman, I think that no one would say that the inspector was a fireman or that the rules applicable to a fireman were applicable to him. It is fortuitous in the instant case that the inspection service was performed by members of the fire department. It is the nature of the service and not the official designation of the person rendering it which should determine the…