Maiorca v. Myers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick S. Myers, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westcliester on the 11th day of May, 1908, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Miller, J.:
This is a suit for injuries sustained by the plaintiff in jumping from a third-story window of a factory building which was on fire. The defendant was the owner of the building. The plaintiff avers that, to escape the fire, he was compelled to jump from said window by reason of the negligence and carelessness of the defendant “ in not providing fire escapes or other means of escape.” Section 82 of the Labor Law (Laws of 1897, chap. 415), in force at the time of the accident, provided: “ Such fire escapes as may be deemed necessary by the factory inspector shall be provided on the…
2Cases cited4 opinions
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
- City of N.Y. v. . Trustees of the Sailors' Snug HarborNew York Court of Appeals · 1905
- Arnold v. . National Starch Co.New York Court of Appeals · 1909
3Cited by4 opinions
- Hoopes v. CreightonNebraska Supreme Court · 1916
- Robenson v. TurnerCourt of Appeals of Kentucky · 1923
- Dougherty v. Pratt InstituteNew York Supreme Court · 1925
- Gaspero v. MyersAppellate Division of the Supreme Court of the State of New York · 1909