Heilback v. Consumers' Brewery

126 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1910-11-30 English

Decision Majority — PER CURIAM. · Dissent — McLennan, P. j., and WILLIAMS, J.,

Contents

p. 1131

HEILBACK, Respondent, v. CONSUMERS’ BREWERY OF BUFFALO, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 30, 1910.)

Headnote

Action by-Marcus Heilback against the Consumers’ Brewery of Buffalo.

Judgment and order affirmed, with costs.

dissent, upon the ground that the evidence establishes as matter of law that the' plaintiff assumed the risk, and fails to establish actionable negligence on the part of the defendant.