Fluker v. . Ziegele Brewing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 7, 1910, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion, There was reversible error in the charge to the jury as to the effect of the city ordinance.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 7, 1910, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion, There was reversible error in the charge to the jury as to the effect of the city ordinance. The technical violation of the ordinance was not a proximate cause of the accident. (Koester v. R. C. Works, 194 N. Y. 92; Marino v. Lehmaier, 173 N. Y. 530; McGrath v. N. Y.…
1Opinion of the CourtGray, J.
The plaintiff brought this action to recover damages for personal injuries sustained by him under circumstances to be stated. As the complaint was originally framed, the defendant was charged with maintaining a nuisance, in the way in which it piled up beer kegs, partly, upon its premises and, partly, in the adjoining public alleyway. Upon the trial, however, the court permitted the complaint to be amended, so as to charge the defendant with negligence and the case was submitted to the jury upon that theory, only. The plaintiff recovered a verdict and the judgment thereupon entered was…
2Cases cited3 opinions
- McRickard v. . FlintNew York Court of Appeals · 1889
- Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
- McGrath v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by17 opinions
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Schumer v. CaplinNew York Court of Appeals · 1925
- Hyland v. CobbNew York Court of Appeals · 1929
- Walker v. BradtAppellate Division of the Supreme Court of the State of New York · 1929
- Dodican v. SmithAppellate Division of the Supreme Court of the State of New York · 1927
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