Anna L. Amberg, as Administratrix of the Estate of William Amberg, Deceased, Respondent v. Charles H. Kinley, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the tannery loft was a factory subject to the Labor Law’s mandatory fire‑escape requirement, that the statute imposes an absolute duty whose breach creates negligence as a matter of law, that the building was three stories high, and that the burden of proving contributory negligence rests on the defendant. Justice Collin dissented, arguing that the statutory violation does not create absolute liability.