LEGALLY SPEAKING

LEGALLY SPEAKING

IN RECENT MONTHS we have discussed some of the concepts involved in determining the legal status of the physical presence of firemen upon private property. A case, known to the writer for some time, was decided not too long ago and summarizes and restates some of the pertinent law in this field. Consider now the trial court’s summary of the facts:

“The plaintiff seeks to recover damages for personal injuries which he sustained in the course of fighting a fire at the home of the defendants located at 8337 Grubb Road in Silver Spring, Md., late in the afternoon of May 22, 1962. Philip J. Aravanis, the plaintiff, was a professional fireman serving as a member of one of the companies of the Silver Spring Fire Department. His company, along with others, had responded to a fire alarm which had been given by Mrs. Diane U. Eisenberg, one of the defendants, after her husband, Lloyd A. Eisenberg, told her there was a fire in the basement of their home and directed her to telephone the alarm. Mrs. Eisenberg did so by calling the operator, who in turn relayed the alarm to the fire department. The firemen responded within a matter of minutes and went about their duties of extinguishing the fire.

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