Amberg v. . Kinley
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 30, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover damages for the death of the plaintiff’s intestate who lost his life, as it is alleged, through the defendant’s violation of the Labor Law relating to fire escapes on factories.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 30, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover damages for the death of the plaintiff’s intestate who lost his life, as it is alleged, through the defendant’s violation of the Labor Law relating to fire escapes on factories. The defendant was engaged in operating a tannery, and the plaintiff’s intestate at the time of his death was in the defendant’s employ. One of the buildings connected with the tannery was a drying…
1Dissent
Collin, J. (dissenting).
The intestate and the defendant were employee and employer. The complaint alleges that the death of the intestate was caused solely by the negligence of the defendant, in that the building consumed by fire, in which the intestate was burned to death, was provided with stairs and elevator as means of passing from one floor to another and there was no fire escape on the outside of it or elsewhere, or no ladder nor stairs as a means of escape to the roof, or no automatic sprinkling device nor any other to prevent and check the spread of fire, and the said defendant was…
2Cases cited43 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Willy v. . MulledyNew York Court of Appeals · 1879
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
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