Heilback v. Consumers Brewery

140 A.D. 941 Court N.Y. App. Div. English

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p. 941

Marcus Heilback, Respondent, v. Consumers Brewery of Buffalo, Appellant.

— Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., and Williams, J., who dissented upon the ground that the evidence estab-. lishes as matter of law that the plaintiff assumed the risk, and fails to establish actionable negligence on the part of the defendant.