McAlpin v. . Powell
New York Court of Appeals
Appeal from judgment of the General Term of the City-Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for the death of John McAlpin, plaintiff’s intestate, alleged to have been caused by defendant’s negligence.
Read the full summary
Appeal from judgment of the General Term of the City-Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for the death of John McAlpin, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. Defendant was the owner of a tenement-house in the city of Brooklyn, the upper story of which was rented and occupied by plaintiff, who was the father of the deceased, with his family. Plaintiff used a small room, the window of which opened upon a…
1Opinion of the CourtMiller, J.
The owner of the premises where the accident happened, which caused the death of the intestate, was under a legal obligation to provide a fire-escape for the benefit of the occupants, and to keep the same in good repair. (S. L. of 1873, chap. 863, § 36, page 1354.) While a failure to comply with the statute rendered the owner liable for the penalty prescribed, in the absence of any express agreement to that eifect, certainly it is by no means clear that this statutory duty could be imposed upon the tenant. It is true that ordinarily, unless there is an agreement to repair on the part of the…
2Cases cited6 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Beck v. . CarterNew York Court of Appeals · 1877
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Witty v. . MatthewsNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
67 more not listed; retrieve them via the Exa API.