Heil v. F & M Schaefer Brewing Co.

Memorandum. The order of the Appellate Division should be affirmed. None of the alleged errors warrant reversal.

Adam Heil, an Armor Elevator Company employee, was injured in a fall from a vertical ladder, claimed to have been positioned improperly, which served as sole access to the upper roof of defendant’s Brooklyn brewery. From that level a stairway led directly to the elevator motor room. Use of both the ladder and the stairway was required in order to ascend from the roof to the motor room, two levels above.

The trial court correctly recognized the questions of fact, including, inter…