Legal Opinion

De Ginther v. New Jersey Home for the Education & Care of Feeble-Minded Children

Supreme Court of New Jersey

Decided November 15, 1895PublishedCited by 4 opinions

On error to the Cumberland County Circuit Court. The action was instituted to recover damages resulting from the death of Frederick Sage, an employe of the corporate defendant, in the “Jane S. Robinson Cottage,” one of its buildings, in the township of Vineland. He was sleeping in one of the upper stories of that building when it was consumed by fire, on the night of the'25th of February, 1894, and was suffocated or burned to death.

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On error to the Cumberland County Circuit Court. The action was instituted to recover damages resulting from the death of Frederick Sage, an employe of the corporate defendant, in the “Jane S. Robinson Cottage,” one of its buildings, in the township of Vineland. He was sleeping in one of the upper stories of that building when it was consumed by fire, on the night of the'25th of February, 1894, and was suffocated or burned to death. He left him surviving, as his next of kin, an infant son. At the trial the plaintiff was nonsuited. • Error is now assigned upon that action of the court.

1Opinion of the Court

The opinion of the court was delivered by

The Chancellor.

The action of the plaintiff is based upon a requirement of an act of the legislature entitled “An act to provide for the better security of life and limb in cases of fire in hotels and other buildings,” approved March 17th, 1882 (Pamph. L., p. 142), and the supplement thereto, approved March 22d, 1888 (Pamph. L., p. 192).

The supplement was a revision of the original act, its principal design apparently being to extend the application of that act to a greater number of buildings. Its general scheme was to require that persons in control…

2Cases cited3 opinions

  1. Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
  2. Haynes v. City of Cape MaySupreme Court of New Jersey · 1889
  3. State v. Mayor of Jersey CitySupreme Court of New Jersey · 1891

3Cited by4 opinions

  1. Buckley v. Mayor, C., of Jersey CityNew Jersey Court of Chancery · 1930
  2. Two Guys From Harrison, Inc. v. FurmanSupreme Court of New Jersey · 1960
  3. Williamson v. TreasurerNew Jersey Superior Court Appellate Division · 2003
  4. Gottuso v. BakerSupreme Court of New Jersey · 1910

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