Evers v. Davis

The opinion of the court was delivered by

GaiiiusoísT, J.

Upon the trial of this cause, which was an action of negligence brought by an administrator to recover damages for a death that was attributable to the absence of fire escapes upon a tenement-house owned by the defendant, the trial court conceived the idea that the proper action was not an action of negligence but "an action based on a violation of the statute,” the statute in question being the Tenement-House act of 1904. Pamph. L., ch. 61. Under this conception of the plaintiffs statutory rights the trial court permitted an amendment…