Motzing v. Excelsior Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Karl Motzing, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of. the county of Kings on the 10th day of June, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 18th day of June, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The defendant used in its brewery a pitching machine, purchased of reputable manufacturers, consisting of a. kettle having in it a rotary pump which forced the pitch when heated into the beer kegs. The kettle was placed over a fire box set deep in the floor. It was found that when the .pitch was heated, after it had been allowed to cool, it melted first at the bottom, and the hard crust on top so confined the melting pitch as to create' an expansive force, which would occasionally crack the bottom of the kettle and. allow the pitch to run into the fire. The defendant’s brewmaster…
2Cited by1 opinion
- King v. ReidAppellate Division of the Supreme Court of the State of New York · 1908