Kelly v. Fulmer-Agne Realty Co.

Headnote

Negligence — fire escapes — death of roofer from fall of portion of fire escape he was using to reach roof of building for purpose of making repairs.

Kelly v. Fulmer-Agne Realty Co., 219 App. Div. 760 , affirmed. '

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

entered January 10, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendants. Intestate, an employee of a roofing contractor, was sent to a building owned by defendant Fulmer-Agne Realty Company and leased by defendant Waldorf System, Inc., to make repairs to the roof, at the request of the manager of defendant Waldorf System, Inc. There was evidence that to reach the roof to make repairs a fire escape on the side of the building was customarily used. On the day of the accident while intestate was upon the fire escape attempting to lower the drop ladder at the lower end thereof a chain supporting the ladder broke and plaintiff was precipitated to the sidewalk causing injuries resulting in his death.