Hess v. Bernheimer & Schwartz Pilsener Brewing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 7, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 7, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to submit this case to the jury on the theory that this defendant, the brewing company, might be found liable to the plaintiff as the employer of the deceased under the Employers’ Liability Act, so called (Labor Law, § 200). (Kenz v. B. & W. P. Brewing Co., 162 App. Div. 781.) The evidence offered by the…
1Opinion of the CourtPound, J.
The action is to recover damages sustained by the next of kin of. Charles Hess. It is alleged and the evidence establishes that Hess died as the result of inhaling fumes of methyl alcohol while he was working for a contractor, defendant Lutz, who was engaged in varnishing beer vats in appellant’s brewery. The negligence alleged in the complaint is that appellant ordered, directed and required the plaintiff’s intestate to work in the vat without sufficient ventilation' and without proper warning. Proper regard for the safety of the workmen required the use of blowers to carry off the poisonous…
2Cases cited9 opinions
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Berg v. . ParsonsNew York Court of Appeals · 1898
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Chowdhury v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2008
- Monroe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- Kowalsky v. Conreco CompanyNew York Court of Appeals · 1934
- Gasper v. Ford Motor Co.New York Court of Appeals · 1963
- Le Vonas v. Acme Paper Board Co.Court of Appeals of Maryland · 1944
52 more not listed; retrieve them via the Exa API.