Krueger v. Bartholomay Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frieda Krueger, as administratrix, etc., of William Krueger, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Monroe on the 29th day of September, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term, and also from an order entered in said clerk’s office on the 28th day of September, 1903, denying the plaintiff’s motion…
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Appeal by the plaintiff, Frieda Krueger, as administratrix, etc., of William Krueger, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Monroe on the 29th day of September, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term, and also from an order entered in said clerk’s office on the 28th day of September, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
It is conceded that plaintiff’s intestate, while in; the employ of defendant in February, 1901, met his death as the result of the bursting or parting at its joints of a large steam “ header ” or reservoir used in the latter’s brewery. It is assumed in the brief of defendant’s counsel, as it apparently was upon the trial, that the immediate cause of death was the- inhalation of the steam which was permitted to escape by reason of this rupture. A ■ coemployee of the intestate working near him was killed at the same time, and no surviving eye-witness of the accident was left.
It was…
2Cases cited1 opinion
- Franck v. American Tartar Co.Appellate Division of the Supreme Court of the State of New York · 1904