MacClave v. City of New York

Babin, J. P.

A mask that was not only ineffective but dangerous to use for general fire-fighting purposes, should not have been issued by the city for such use. It is because the city did issue such a mask, with its tragic consequence, that we affirm this judgment. The evidence overwhelmingly establishes that the mask did not and could not afford the protection for which it was issued and thus was unsafe for general fire-fighting purposes. The city, knowing full well of its limitations should not have issued it or permitted its use.

Plaintiff’s intestate, a Lieutenant in the Fire Department of…