Kelly v. Henry Muhs Co.

The opinion of the court was delivered by

Gummere, Chief Justice.

The plaintiff sues to recover compensation for injuries received by him by falling through an unguarded elevator shaft in the defendant’s factory.

*359Tlie declaration avers that the plaintiff was a fireman in the employ of the fire department of the city of Passaic, and at the time of the accident, which occurred in the nighttime, was in the defendant’s factory in the performance of his duties as a member of the fire department to aid in extinguishing a fire which had broken out in the building.

The liability of the defendant is…