Davy v. Greenlaw

The basis of the plaintiff’s claim is that the defendants owed him a duty at common law as well as under the statute (RSA 155:9) to maintain the fire escape in a safe condition. At common law policemen and firemen, by the great weight of authority, are held to have only the rights of mere licensees to whom the property owner if he knows of their presence owes only a duty to warn of dangers of which he knows and which are not open to ordinary observation. Prosser, Torts (2d ed.) 461. See Smith v. Company, 83 N. H. 439. We see no reason to depart from this well-established rule which does not…