Fire Department v. Chapman
New York Court of Common Pleas
Appeal from a judgment of a district court in the City of New York. The action was brought in a district court, to recover a penalty for non-compliance by the defendant, with an order to provide additional fire escapes upon a building belonging to him. It appeared that the fire escapes already there had been approved, by the then Superintendent of Buildings. Judgment was rendered for the plaintiff. From the judgment the defendant appealed to this court.
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—No question is raised upon the validity of the legislative enactment, which was within the power of the legislature as a police regulation, which extends “ to the protection of the lives, limbs, *378health, comfort and quiet of all persons and all property within the state.”
The contention urged by the learned counsel for the appellant is, that having once placed upon his building appurtenances approved by the proper official, his only remaining duty under the act is to keep them in proper condition. The section reads as follows : “ Any dwelling-house now…
2Cases cited4 opinions
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- City of New Haven v. SargentSupreme Court of Connecticut · 1871
- Kingsland v. WorshamSupreme Court of Missouri · 1852
3Cited by2 opinions
- City of Cincinnati v. SteinkampOhio Supreme Court · 1896
- Riley v. AckleyNew York Supreme Court · 1890