Desforge v. American-british Home Bldg. Ass'n, 8524.

• Decision Date: 21 July 1943
• Docket Number: No. 8524.,8524.
• Parties: DESFORGE v. AMERICAN-BRITISH HOME BLDG. ASS'N et al.
• Court: Rhode Island Supreme Court

33 A.2d 203

DESFORGE

v.AMERICAN-BRITISH HOME BLDG. ASS'N et al.

No. 8524.

Supreme Court of Rhode Island.

July 21, 1943.

Exceptions from Superior Court, Providence and Bristol County; Charles A. Walsh, Judge.

Action of trespass on the case by Elizabeth Desforge against the American-British Home Building Association and another to recover damages for injuries sustained by plaintiff in a fall from a window of named defendant's building. Decision for defendants, and plaintiff brings exceptions.

Exceptions overruled and case remitted for entry of judgment on decision.

Thomas L. Carty, of Pawtucket, for plaintiff.

Walter J. Hennessey, of Providence, for American-British &c.

Arthur Cushing, of Providence, for Supreme Council of the Royal Arcanum.

BAKER, Justice.

This is an action of trespass on the case for negligence, which was tried before a justice of the superior court sitting without a jury. He rendered a decision in favor of the defendants and the plaintiff thereupon duly prosecuted her bill of exceptions to this court. The only exception now relied on is to this decision.

The plaintiff seeks to recover damages for personal injuries suffered by her on January 4, 1938, when she fell or was pushed from a window in a hall in which a card party, to which the public was invited, was being held under the alleged auspices of the defendant Supreme Council of the Royal Arcanum in the furtherance of its objects. The building in which the hall in question was located was owned by the defendant American-British Home Building Association and shortly before the time the plaintiff was injured a fire had broken out in said building.

This case has already been before this court on questions of pleading. Desforge v. American-British Home Building Ass'n, 63 R.I. 305, 7 A.2d 788. At the present trial the plaintiff's declaration contained one count in which the defendants were charged, in effect, with maintaining a private nuisance, in that the aforesaid building was unsafe, unfit and dangerous as a place to accommodate public gatherings because it was not equipped with proper exits or other means of escape in case of fire.

It appeared from the evidence that in December, 1937, the defendant American-British Home Building Association rented to the Pawtucket Council of the Royal Arcanum the hall in question for the evening of January 4, 1938, so that a card or bingo party could be held therein for the purpose of raising funds for the hospital service of said Pawtucket Council. A permit was issued by the proper authorities of the city of Pawtucket, and notices inviting the public to attend the party to be held on the above date appeared in the public press and at the entrance to the hall.

The evidence also showed that the building in which the hall was situated fronted westerly on High street in that city. It was two stories in height on that street but the easterly end was of three stories owing to the fact that the land sloped sharply downward toward the east away from the street. On each floor of the building there was a hall or place for public gatherings. The one involved in the instant case was on the top floor, that is to say, the second floor facing High street, but the third floor in the rear. This hall was 99 feet long on its north side and something over 95 feet in length on its south side. On the westerly or High street side it was about 28 1/2 feet and on its easterly side it was slightly over 39 feet in width. There were no windows on the south side, but on each of the other sides there were six. The height of the windowsills from the floor was 4 feet 1 inch.

There were two independent exits from the hall, one on the north and the other on the south side. These consisted of double doors about 5 feet 3 inches in width. The one on the north side was located about 22 feet and the one on the south side about 24 feet easterly from the front of the building. The doors in question each gave access to a separate flight of nineteen steps which led downward and terminated inside the building at the level of the sidewalk. Near the foot of each flight of stairs there was a door opening onto High street. The stairway on the north side of the hall was used as the entrance thereto. At the top of these stairs was a landing on which there was a ticket office. The stairway on the south side of the floor was ordinarily used just as an exit. It was equipped, both in the hall itself and on High street, with fire or panic doors, so called, which could be opened from within the building only. These doors had no locks but were equipped with panic bolts and were designed to open outward when slight pressure was applied against the bar which was on said doors.

On the evening of January 4, 1938 the plaintiff, who had never been in the hall before, purchased a ticket to the above-described card party and entered the building from High street by the north stairway. Numerous tables and chairs occupied most of the floor space in the hall, and the plaintiff took a seat at one of these tables. Witnesses estimated that there were between one hundred fifty and two hundred fifty people in the hall at that time. One witness, who had charge of the sale of the tickets, testified that there were about one hundred fifty persons present. Shortly before 9 p. m. a fire broke out in the basement, or first floor, of the building. It was a serious fire, the recall not being sounded until about midnight.

Dense smoke began to penetrate the hall and the people therein at once stopped playing and put on their street clothing. Many persons including the plaintiff, attempted to leave the hall by the stairways. Heavy smoke was coming up the one on the north side. Soon after the fire started the lights went out. In the excitement and darkness chairs...