Gorman v. McArdle
New York Supreme Court
Appeal from circuit court, Albany county. Action by Daniel J. Gorman against Patrick J. McArdle to recover damages, alleged to have been sustained through failure of defendant to furnish a fire escape as required by statute. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtPutnam, J.
This action was brought on account of injuries received by plaintiff on September 8,1889, in jumping from a fourth-story window of defendant’s .manufacturing establishment, where he wras employed, during a fire which consumed the building, defendant having negligently omitted to provide a proper fire escape. In fact, there was' no fire escape as prescribed by statute; but a window in' the room where plaintiff was employed opened onto the flat roof of defendant’s adjoining building, and from this roof, through a scuttle, there was, as defendant claimed, a proper and safe access to the street…
2Cases cited14 opinions
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Willy v. . MulledyNew York Court of Appeals · 1879
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
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3Cited by5 opinions
- Merlo v. Johnston City & Big Muddy Coal & Mining Co.Illinois Supreme Court · 1913
- Burt v. NicholsSupreme Court of Missouri · 1915
- Arnold v. . National Starch Co.New York Court of Appeals · 1909
- Miller v. Union Mill Co.Washington Supreme Court · 1907
- Sembler v. CowperthwaitNew York Supreme Court · 1907