Arnold v. . National Starch Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 30, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 30, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The action was brought to recover damages caused by burns received by appellant while she was at work in respondent’s factory and which injuries it is claimed resulted from the latter’s failure to remove starch dust and other inflammable waste from the room wherein she was working, and to place outside fire escapes upon its building. On the evidence…
1Opinion of the CourtNiscock, J.
The important question in this case relates to the obligation of the respondent to place outside fire escapes upon its factory and to its liability for appellant’s injuries as a result of its failure to place such fire escapes.
It is urged in behalf of respondent, as I understand it, that section 82, chapter 415 of the Laws of 1897 (Labor Law), with reference to fire escapes, was not mandatory but only required a factory owner to build them after directed so to do by a factory inspector. I am unable to agree with this contention.
Said statute provides: “ Such fire escapes as may be deemed…
2Cases cited4 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- McRickard v. . FlintNew York Court of Appeals · 1889
- McLaughlin v. ArmfieldNew York Supreme Court · 1890
- Gorman v. McArdleNew York Supreme Court · 1893
3Cited by14 opinions
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918
- Goetz v. . DuffyNew York Court of Appeals · 1915
- Collelli v. . TurnerNew York Court of Appeals · 1915
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