New York Court of Appeals

Alfred Garthe, Respondent v. Jacob Ruppert, Appellant

May 22, 1934264 N.Y. 290

Summary

The New York Court of Appeals reversed the lower court and dismissed the plaintiff's negligence claim, holding that the brewery owner owed no duty to keep the washroom dry for a licensee, that evidence of other breweries' practices does not establish a custom of care, and that city sanitary ordinances did not apply to the condition caused by the nature of the business.