Meiers v. Koch Brewery
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John F. Meiers, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chautauqua on the 14th day of April, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 12th day of February, 1917, granting defendant’s motion for a nonsuit and directing a verdict in its favor.
1Opinion of the Court
Kruse, P. J.:
The plaintiff fell into a coal pit upon the defendant’s premises. He was hurt and seeks to recover damages for the injuries so sustained. A verdict was directed against him at the Trial Term and he appeals.
He was chief engineer of the fire department in the city of Dunkirk. The defendant was the owner of a brewery in that city. On the night of September 24, 1915, a fire occurred in a barn upon the brewery premises. The night watchman discovered the fire and telephoned to the central exchange, requesting that the fire department be notified. The exchange notified the plaintiff at…
2Cases cited4 opinions
- Racine v. . MorrisNew York Court of Appeals · 1911
- Learoyd v. GodfreyMassachusetts Supreme Judicial Court · 1885
- Baker v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Withers v. Brooklyn Real Estate Exchange, Ltd.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Skupeen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1968
- Hamburger v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 1923
- Pliss v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1923