Sewell v. Moore

Citations

• 166 Pa. 570
• 31 A. 370
• 1895 Pa. LEXIS 1250

Syllabus

<p>Negligence—Fire escapes—Acts of June 11, 1879, and June 3, 1885.— Certificates—Evidence.</p> <p>Under the act of June 11, 1879, P. L. 128, as amended By the act of June 3, 1885, P. L. 68, prescribing the nature and mode of construction of external fire escapes, but providing that “ nothing herein contained shall prohibit any person .... from selecting and erecting any other and different device, design or instrument, being a permanent safe external means of escape, subject to the inspection and approval of the constituted authorities for that purpose,” a person is at liberty to erect a fire escape different from that described in the act but at his own risk that it shall prove “ permanent, safe and external,” and that it shall be subject to the inspection and approval of the proper authorities.</p> <p>The certificate of approval provided by the act of June 3, 1885, P. L. 68, is conclusive evidence of non-liability for fine, damages and imjirisonment under the act, but it is not a mandatory requirement, and its ab sence creates no liability that would not otherwise arise from the facts. It is evidence only, and the sole effect of its absence is to put on the owner the burden of proof that he has complied with section first by building a fire escape in accordance with its directions, or, under the proviso, he has made a permanent, safe, external escape which is substantially equivalent.</p> <p>In an action to recover damages for personal injuries alleged to have been caused by the failure of defendant to provide a proper fire escape, a certificate issued by the board of fire escapes, after the fire, is inadmissible. The certificate is only admissible by force of the statute, and that extends only to certificates given on examination and test before the happening of the fire.</p> <p>Section 3 of the act of June 8, 1885, P. L. 68, giving an action for damages in ease of death or personal injuries against owners of buildings who have not provided proper fire escapes,