137 Ga. 822 | Ga. | 1912
Ada West brought suit to recover damages for personal injuries alleged to have been received in consequence of having inhaled smoke and fumes from a fire in a building of which the defendant was the owner, and in which she was at work on the third story as an employee of a manufacturing company occupying a part of said third story as tenant. It was alleged: that another tenant of the owner of the building occupied the second story and that portion of the third story which was “around and included the entrance to the fire-escape of said building;.” that “ther.e were two means of ingress and egress provided for said building and for said place at which petitioner was at work, to wit: one a stairway inside of said building; and the other a fire-escape stairway on the outside of said building. Said fire-escape could be reached only through one window or door on said third story, and through a space which was occupied by the Silverman-Bonsberg Company, as aforesaid. That on the day aforesaid, a fire broke out in said building, on the second story thereof, and in the place occupied by the Silver-man-Lonsberg Company. That from said fire issued.vgst volumes of smoke, heated air, and fire, which penetrated and filled the entire third floor of said building where petitioner was at work. That said fire and smoke and hot air cut off the stairway of said building entirely, and it was impossible to flee from said building by the stairway inside of said building. That the only means of escape left was the fire-escape on the outside of said building. That the fire-escape on said building was completely cut off and obstructed from access and use by petitioner, by boxes, goods, merchandise, and other material, which were piled up against the door and window leading to said fire-escape, and made access to said fire-escape absolutely impossible.” General and special demurrers were filed, and to an order sustaining them the plaintiff excepted.
Judgment affirmed.