Losee v. . Clute
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment entered upon an order dismissing plaintiff’s complaint on the trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment entered upon an order dismissing plaintiff’s complaint on the trial. The action was brought to recover damages caused to the property of the plaintiff by the explosion of a steam boiler while the same was owned and being used by the Saratoga Paper Company at their mill situated in the village of Schuylerville, Saratoga county and State of New York, on the thirteenth day of February, 1864, by means whereof the boiler was thrown on to the plaintiff’s premises and through several…
1Opinion of the Court
Lott, Ch. C.
It appears by the case that the defendants Clute manufactured the boiler in question for the Saratoga Paper Company, in which they were stockholders, for the purposes and uses to which it was subsequently applied by it; and the testimony tended to show that it was constructed improperly and of poor iron, that the said defendants knew at the time that it was to be used in the immediate vicinity of and adjacent to dwelling-houses and stores in a village, so that, in case of an explosion while in use, it would be likely to be destructive to human life and adjacent property, and that,…
2Cases cited1 opinion
- Loop v. . LitchfieldNew York Court of Appeals · 1870
3Cited by57 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Devlin v. . SmithNew York Court of Appeals · 1882
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
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