Muhlens v. Obermeyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Muhlens, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of November, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
The plaintiff was nonsuited, and upon this appeal he has a' right to have it presumed that the jury would have found the facts winch the evidence would justify in his favor, and we are of opinion that the case presented was one for the determination of the jury. The jury might have found from the evidence that the plaintiff was. employed in the defendant’s brewery, in an occupation that saturated bis boots and clothing, and that the plaintiff, with the knowledge and consent of the defendant, was in the habit of removing his boots and clothing and hanging them up directly over the…
2Cases cited2 opinions
- Lentino v. Port Henry Iron Ore Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Cunningham v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by7 opinions
- McKeon v. ManzeNew York Supreme Court · 1916
- Muller v. Oakes Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Kent v. . Erie R.R. Co.New York Court of Appeals · 1916
- Connell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Gorman v. JaffaMichigan Supreme Court · 1929
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