Legal Opinion

Gartland v. New York Zoological Society

Appellate Terms of the Supreme Court of New York

Decided January 15, 1909Published

Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Yew York, sixth district, borough of Manhattan.

1Opinion of the Court

MacLean, J,

The plaintiff was seriously and painfully scalded on his face and hands and in his lungs while struggling to get out from a building owned hy the city but controlled hy the defendant, wherein he with another workman, Kelly, was lawfully connecting fittings upon the ceiling in a basement place into which steam was allowed to escape with startling noise and blinding density from an adjoining boiler room or alcove.

It is said that he would have been injured not at all if instead of groping for an exit he had remained quietly *644where he was. Be that possible, though it so hardly seems, as…

2Cases cited2 opinions

  1. Walsh v. Trustees of New York & Brooklyn BridgeNew York Court of Appeals · 1884
  2. Hannon v. . AgnewNew York Court of Appeals · 1884

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