Robinson v. Leighton
Supreme Judicial Court of Maine
On report. This is an action in tort for negligence, brought by plaintiff, a tenant at will, against defendant, his landlord, to recover damages for personal injuries sustained by him as he stepped through a doorway from the public corridor on the second floor on which his office was situated onto a fire escape, the grating of which tipped in such a manner as to cause him to fall through the opening to the ground below.
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On report. This is an action in tort for negligence, brought by plaintiff, a tenant at will, against defendant, his landlord, to recover damages for personal injuries sustained by him as he stepped through a doorway from the public corridor on the second floor on which his office was situated onto a fire escape, the grating of which tipped in such a manner as to cause him to fall through the opening to the ground below. Plaintiff contended that the fire escape was defective and unsafe. Defendant contended that if the fire escape was defective he had no knowledge of such defective condition,…
1Opinion of the CourtDunn, J.
The owners of certain kinds of buildings are required to provide fire escapes from every story above the level of the ground. R. S., Chap. 30, Sec. 38. The duty remains the same although the buildings are in the possession of tenants. Carrigan v. Stillwell, 97 Maine, 247.
This defendant owned a four-story building within the statute’s sway. On the second floor of the building, the plaintiff, a physician and surgeon, had his offices as a tenant at will. One January afternoon, in 1921, he desired to indicate to a patient the whereabouts of another doctor’s office. So he and the patient left the…
2Cited by16 opinions
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- Markussen v. MengedohtNebraska Supreme Court · 1937
- American Nat. Bank v. WolfeCourt of Appeals of Tennessee · 1938
- De Motte v. ArkellCalifornia Court of Appeal · 1926
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