Parsan v. . Johnson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27, 1912, 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. The trial court erred in denying the motion of the breweries company for a nonsuit at the close of the evidence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27, 1912, 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. The trial court erred in denying the motion of the breweries company for a nonsuit at the close of the evidence. (Hickok v. A. L. H. & P. Co., 200 N. Y. 464; Butler v. Huter, 7 H. & N. 726; McCafferty v. S. D. & P. M. R. R. Co., 61 N. Y. 178; Engel v. Eureka Club, 137 N. Y. 100; Burke v. Ireland, 166 N. Y. 305; 1…
1Opinion of the CourtCuddbback, J.
The plaintiff in "this action, suing as administratrix, has recovered damages for the death of her husband, occasioned by the negligence of the defendant, the New York Breweries Co.
The defendant was in the occupation as lessee of a building used in connection with its business of brewing beer. The building was three stories in height, with a cellar beneath. On each story were vats and tanks where beer, conducted by pipes from an adjoining building, was allowed to ferment and settle. When this process was completed the beer was run to casks in the cellar.
The building was an old structure fifty…
2Cases cited8 opinions
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Berg v. . ParsonsNew York Court of Appeals · 1898
- Burke v. . IrelandNew York Court of Appeals · 1901
- Negus v. . BeckerNew York Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
- Amann v. City of TacomaWashington Supreme Court · 1932
- Meighan v. Emigrant Industrial Savings BankAppellate Division of the Supreme Court of the State of New York · 1915
- Meyers v. Pittsburgh S. S. Co.Court of Appeals for the Sixth Circuit · 1948
- Eastern Airlines v. Joseph Guida & Sons Trucking Co.District Court, E.D. New York · 1987
4 more not listed; retrieve them via the Exa API.