James McAlpin v. Rebecca B. Powell, Appellant

Summary

The New York Court of Appeals reversed the General Term's judgment and ordered a new trial, holding that the landlord was not liable for the child's death because no duty was owed to the child on the fire‑escape. The court affirmed that the statutory duty to keep a fire‑escape in repair rests on the owner, but does not extend to making the platform safe for children as a balcony.