Heilback v. Consumers' Brewery of Buffalo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2,. 1910, affirming, by a divided court, a judgment in favor of plaintiff entered upon a verdict. On the 16th day of March, 1907, the husband of the plaintiff, then being an employee in the defendant’s brewery in the city of Buffalo, received injuries of a very serious nature.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2,. 1910, affirming, by a divided court, a judgment in favor of plaintiff entered upon a verdict. On the 16th day of March, 1907, the husband of the plaintiff, then being an employee in the defendant’s brewery in the city of Buffalo, received injuries of a very serious nature. He brought this action upon a complaint alleging causes of action both at common law and under the Employers’ Liability Act. Upon the trial he abandoned his claim under the Employers’ Liability Act,…
1Opinion of the CourtWerner, J.
This case very forcibly illustrates the vicissitudes of this class of litigation. Although the plaintiff’s injuries were most serious and distressing, two juries disagreed as to his right to recover. A third jury gave him a verdict which was sustained at the Appellate Division by a bare majority of the justices. The case is now before us on defendant’s further appeal and we feel constrained to agree with the two dissenters in holding that the plaintiff has failed, as matter of law, to establish a cause of action.
1. We think the plaintiff failed to establish negligence on the part of the…
2Cases cited5 opinions
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Embler v. . Town of WallkillNew York Court of Appeals · 1892
- Dillon v. . National Coal Tar Co.New York Court of Appeals · 1905
- Embler v. Town of WallkillNew York Supreme Court · 1890
- Gubasko v. Mayor of New YorkNew York Court of Common Pleas · 1883
3Cited by1 opinion
- Storm v. New York Telephone Co.New York Court of Appeals · 1936