Winter v. Peter Doelger Brewing Co.
| Citation | 123 N.E. 895,226 N.Y. 581 |
| Parties | WINTER, Appellant, v. PETER DOELGER BREWING CO., Inc., Respondent. |
| Decision Date | 21 March 1919 |
| Court | New York Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment, entered February 27, 1917, upon an order of the Appellate Division of the Supreme Court in the First Judicial Department (175 App. Div. 796,162 N. Y. Supp. 469), reversing a determination of the Appellate Term, which reversed a judgment of the Municipal Court of the City of New York in favor of defendant, and affirming said Municipal Court judgment. The action was to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The complaint was dismissed upon the ground that the plaintiff had a complete remedy under the Workmen's Compensation Law (Consol. Laws, c. 67).
Anthony J. Ernest, John J. McBride, and Walter A. Swett, all of New York City, for appellant.
Frank J. O'Neill, of New York City, for respondent.
Judgment affirmed, with costs.
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Douglas v. E. & J. Gallo Winery
...property of the same employer/owner. (Winter v. Peter Doelger Brewing Co. (N.Y.1916), 175 App.Div. 796, 162 N.Y.S. 469, affirmed, 226 N.Y. 581, 123 N.E. 895.) (Winter contains no citation of authority.) This was followed in Williams v. Hartshorn (1946) 296 N.Y. 49, 69 N.E.2d 557, 558 and in......
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Billy v. Consolidated Mach. Tool Corp.
...g., Williams v. Hartshorn, 296 N.Y. 49, 69 N.E.2d 557; Winter v. Doelger Brewing Co., 175 App.Div. 796, 162 N.Y.S. 469, affd. without opn. 226 N.Y. 581). We have not previously been called upon to consider, however, a situation in which the employer's liability, if any, is alleged to have a......
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Linzee v. State
...affd. 52 N.Y.2d 856, 437 N.Y.S.2d 78, 418 N.E.2d 671; Winter v. Doelger Brewing Co., Inc., 175 App.Div. 796, 162 N.Y.S. 469, affd. 226 N.Y. 581, 123 N.E. 895; Workers' Compensation Law, § 29, subd. 6; see, also Heritage v. Van Patten, 59 N.Y.2d 1017, 466 N.Y.S.2d 958, 453 N.E.2d 1247.) The ......
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Jansen v. Harmon
...'a sort of Dr. Jekyl and Mr. Hyde." In reaching its decision the court relied upon the earlier case of Winter v. Peter Doelger Brewing Co., Inc., 226 N.Y. 581, 123 N.E. 895. In that case plaintiff, employed as a delivery man by defendant brewing company, was injured in the course of his usu......