Field v. Manufacturers Trust Co.

During the darkness of a city-wide blackout in 1942, plaintiff, while acting as an air raid warden, stepped over a parapet on the roof of a structure covering the boiler room .and laundry in the courtyard of defendant’s apartment house, and fell to the yard ten feet or more below, sustaining serious injuries. After trial before the court without a jury, plaintiff was awarded judgment for $40,000 against defendant, owner of the premises. Defendant appeals.

On appeal no issue is raised as to the amount of damages, but the important issue presented is the effect of the New York State War…