Amberg v. . Kinley
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 30, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover damages for the death of the plaintiff’s intestate who lost his life, as it is alleged, through the defendant’s violation of the Labor Law relating to fire escapes on factories.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 30, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover damages for the death of the plaintiff’s intestate who lost his life, as it is alleged, through the defendant’s violation of the Labor Law relating to fire escapes on factories. The defendant was engaged in operating a tannery, and the plaintiff’s intestate at the time of his death was in the defendant’s employ. One of the buildings connected with the tannery was a drying…
1Opinion of the CourtCuddeback, J.
At the time of the fire, section 82 of the Labor Law (Cons. Laws, ch. 31) contained the following requirement with regard to fire escapes on factories: “Such fire escapes as may be deemed necessary by the commissioner of labor shall be provided on the outside of every factory, in this state consisting of three or more stories in height. ” It has been held that the statute is mandatory, and that the owner of a factory may not delay action until the directions of the commissioner of labor are given. (Arnold v. National Starch Co., 194 N. Y. 42.) There were no fire escapes on the building in…
2Cases cited21 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Willy v. . MulledyNew York Court of Appeals · 1879
- McRickard v. . FlintNew York Court of Appeals · 1889
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
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3Cited by86 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Martin v. HerzogNew York Court of Appeals · 1920
- Steitz v. City of BeaconNew York Court of Appeals · 1945
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