Hoopes v. Creighton
| Decision Date | 09 December 1916 |
| Docket Number | 18737 |
| Citation | 160 N.W. 742,100 Neb. 510 |
| Parties | WILLIS I. HOOPES, ADMINISTRATOR, APPELLEE, v. JOHN D. CREIGHTON, APPELLANT |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Douglas county: ALEXANDER C TROUP, JUDGE. Affirmed.
AFFIRMED.
Mahoney & Kennedy and Yale C. Holland, for appellant.
Brown Baxter & Van Dusen and Gurley & Fitch, contra.
Appeal from the judgment of the district court for Douglas county. Willis I. Hoopes, as administrator of the estate of Renfree H. Rickard, brought an action against John D. Creighton to recover damages because of the alleged negligence of said Creighton in maintaining a hotel in the city of Omaha, known as the "Dewey Hotel," and in which he failed to furnish fire-escapes for the said building as prescribed by the statute of the state of Nebraska. The plaintiff recovered a judgment for the sum of $ 6,000.
The plaintiff alleged that Renfree H. Rickard died at Omaha, Nebraska, February 28, 1913, leaving as his next of kin his widow, Clara Rickard, and his father, Peter H. Rickard; that John D. Creighton was the owner of the Dewey Hotel, the same being used by and held out to the public as a hotel and public lodging place; that said building was maintained without having one or more fire-proof stairways; that the defendant negligently failed to provide any fire-escapes to which convenient access could be had from the interior of said building on the second floor, and with only one insufficient fire-escape stairway and platform on the north side, and one standpipe and ladder on the east side, neither of which was of convenient access from the interior of the building; that the way of egress to such fire-escapes was at all times obstructed by solid doors of wood with locks and bolts attached thereto, and maintained between the only fire-escapes on the second floor; that the defendant failed to equip any outside rooms with automatic fire-escapes or device so as to offer the means of escape to the occupants who might be unable to reach such defective fire-escapes as were maintained; that the defendant, shortly before the fire, was notified by the deputy labor commissioner to provide fire protection and to remedy the said defects as required by law; that on February 28, 1913, said Rickard, as a guest of the said hotel, was assigned to room No. 34, an outside room that was not equipped with a fire-escape ladder or other device for the safety of the guests, and that said Rickard did not know the condition of the premises and the lack of proper fire-escapes; that shortly after said Rickard retired a fire broke out in the said hotel, and solely by reason of the failure of defendant to provide fire-escapes said Rickard lost his life; that said Rickard at the time of his death was a strong, well-educated man, 37 years old, operating as a brand inspector and a trainer and trader of horses at the South Omaha stock-yards, earning more than $ 5,000 a year, and contributing large sums of money to his father, as well as supporting his home for his wife and himself.
The defendant admitted that he was the owner of the said Dewey Hotel building, and denied the other averments of plaintiff's petition. He alleged that whatever injuries plaintiff's decedent had received were occasioned solely through the failure and negligence of said defendant, who was familiar with the conditions and surroundings of said hotel building and assumed whatever risk there was; that the premises were purchased by the defendant February 6, 1907, subject to a lease made to one Charles E. Wilkins, and were then and at all times subsequent thereto equipped with fire-escapes adequate and sufficient in number and design, and with a free and unobstructed access thereto from all parts of said building, and that said fire-escapes and the means of access thereto were then, and at all times subsequent, maintained as required by law; that the lessee had complete possession of the premises at the time of the fire, and that the defendant had no control over the said building and took no part in its use and management. The reply was a general denial.
The evidence sustains the allegations of the petition and supports the verdict. It was in testimony by the night clerk, Nold, that on the night of the fire the door leading to the fire-escape on the second floor opened into a guest room, No. 30. This is also shown by the plan of the second story contained in the record. The fire-escape at the north end of the building, such as it was, could be reached from room No. 40 through the window furthest west. Room No. 40 was a guest room and had a door leading into it from a corridor which extended the length of the building. A person could go from this corridor through and into this guest room and then through a window to the fire-escape at the northeast corner of the building. This fire-escape would permit him to reach a ladder, which, when unhooked from the wall where it usually hung, extended a short distance below the floor of the second story. It was not unhooked the night of the fire, and the occupants of room No. 40. Clara Newman and Iona Jennings, went down the fireman's ladder. The photograph of the north end of the building shows that this fire-escape could be reached from the second window from Thirteenth street and "from the ledge along the front of the building under the window." The "ledge" or "cornice" referred to on the north end of the structure was practically on a level with the second floor. The north fire-escape went clear up onto the roof. Access to the north fire-escape could be had from the second story by going through the window at the north end of the corridor and then crawling along on the "cornice" or "ledge" toward the northeast corner of the building until it was reached. Of course, an athlete might have walked along on this ledge. No one seems to have escaped from the second story by means of these fire-escapes. There was a ladder on the east side which did not extend very far toward the ground. It could be reached from the second floor through room No. 30.
Nold testified that every room on the second floor was provided with a lock and key, and that each guest assigned to a room on that floor was provided with a key. The testimony of Nold is corroborated by the testimony of Garrett F. Vliet, who was also one of the clerks of the hotel. Vliet testified that room No. 34 was occupied by Rickard, the decedent, and the woman whom he registered as his wife. He also testified that rooms numbered 20, 28 and 32 of the second floor were not occupied that night, and that No. 30 was occupied by a Charles Cummings. His testimony corroborated that of Nold concerning the fact that Iona Jennings and Clara Newman occupied room No. 40. He testified that Rickard was under the influence of liquor when he and the woman came in; that it was about 3 o'clock in the morning when they came; that the woman appeared to be intoxicated; that Rickard was able to walk, and that he did not stagger noticeably; that the witness assigned him to room No. 34, the fourth room from the north on the east side of the hallway, on the second floor; that this was the last time the witness saw him alive; that none of the outside rooms was equipped with an automatic fire-escape; that after calling the fire department the witness called Mrs. Wilkins and her sister; that the witness met Mr. Nold before he got out of the building, and that Nold had apparently been crawling; that the witness met him about one-third of the way up from the vestibule to the office.
The defendant, John D. Creighton, testified that at the time he bought the building the fire-escapes were there which we have described; that the fire-escape on the north end was a regular iron fire-escape, the steps being of cast iron and 5 inches wide and 27 or 28 inches long; that when he put in a new front he was given permission to come out with the "cornice" or "ledge;" that this "ledge" was 26 inches wide by 44 feet long, and was at the level of the second floor; that it was made of wood and covered with tin; that it ran clear across the width of the hotel; he also described the fire-escape at room No. 40 on the north end of the building and also the ladder fire-escape on the east side at room No. 30. The testimony concerning the fire-escapes, such as they were, is corroborated by the testimony of other witnesses. Alexander Beck testified that the platform on the second floor, being the one at room No. 40, could be reached by going out through the hall window and walking along the "ledge."
C. S. Ely testified that the door from room 34, the one occupied by Rickard, opened into the corridor, and that there was a chance to go through the window at the north end of the corridor onto this "ledge," or that one could go south along the corridor and then go down the winding stairway which led from the office to the entrance on Thirteenth street, or that one could come out of the room No. 34 into the corridor, and then go south to room No. 30, and then go, if possible, down the ladder fire-escape which might be reached from that room.
Baker Cole testified that he was a city fireman at the time of the Dewey Hotel fire; that his company, Hook & Ladder No. 1, was one of the first on the ground; that the company got there about 4:48 a. m.; that the witness was acquainted with Rickard; that the witness went into the Thirteenth street entrance; that the building was very smoky at that time; that Rickard was the first man that the witness got hold of, and that he dragged him out and called for help; that he was then alive; that he was inside the door when the witness found him, but "plumb" down the stairway; that it...
To continue reading
Request your trial