Summary
In Scottish Rite, the D.C. Circuit permitted a firefighter to recover against a landowner for injuries he received when he fell into an uncovered shaft while fighting a fire.
Summary of this case from Windsor v. Whitman-Walker Clinic, Inc.Opinion
No. 14532.
Argued March 31, 1959.
Decided April 9, 1959.
Mr. Thomas B. Heffelfinger, Washington, D.C., for appellant.
Mr. Nicholas J. Chase, Washington, D.C., with whom Messrs. A. Kenneth Pye and Philip A. Ryan, Washington, D.C., were on the brief, for appellee. Mr. Edwin J. Bradley, Washington, D.C., also entered an appearance for appellee.
Before PRETTYMAN, Chief Judge, and WILBUR K. MILLER and BAZELON, Circuit Judges.
Appellee Jacobs, a fireman, brought a civil action in the District Court on account of injuries received by him while fighting a fire at the premises of the appellant. The condition which gave rise to the injuries was not caused by or connected with the fire itself. It was alleged that the appellant owner had with knowledge left a dangerous concealed condition on the premises. It was alleged that Jacobs fell into an uncovered shaft without negligence on his part. We find no error.
Affirmed.