Winter v. Peter Doelger Brewing Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the City of New York, borough of Manhattan, fourth district, dismissing his complaint after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
Defendant conducts a brewery. Plaintiff was one of its drivers engaged in delivering beer. While making such a delivery to a saloon-keeper at premises disconnected with the brewery, he was injured through the collapse of an elevator on said premises. Defendant happened to be the owner of these premises, and has succeeded in the court below on the plea that the remedy given by the Workmen’s Compensation Law is exclusive.
The case of Lester v. Otis Elevator Co., 169 App. Div. 613, is determinative of the point that that law does not deprive the injured employee of his common law remedy against a…
2Cases cited1 opinion
- Lester v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by5 opinions
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Williams v. HartshornNew York Court of Appeals · 1946
- Podgorski v. KerwinSupreme Court of Minnesota · 1919
- Winter v. Peter Doelger Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Linzee v. State of New YorkNew York Court of Claims · 1983