Erickson v. Smith
New York Court of Appeals
William T.-Erickson, administrator, &c., of Mary E. Erickson, sued David and Tunis Smith, in the supreme court, for damages under the statute, for injuries causing the decedent’s death. Defendants were owners of the steamboat Arrow, running as a passenger boat on the Hudson River.
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William T.-Erickson, administrator, &c., of Mary E. Erickson, sued David and Tunis Smith, in the supreme court, for damages under the statute, for injuries causing the decedent’s death. Defendants were owners of the steamboat Arrow, running as a passenger boat on the Hudson River. On August 5, 1855, a boiler flue exploded, and the deceased, who was among the passengers then on board, was terrified, and ran from her companions, and her dead body was afterwards found in the river. The theory of the defense was that she was not injured by the explosion, but madly rushed overboard and was…
1Opinion of the Court
By the Court.
Daniels, J.
The questions presented for decision upon this appeal arise under the rulings of the court before which the trial was had, concerning the admission and rejection of evidence. The first of these in importance is that which related to the certificate of inspection of the steamboat on which the explosion took place. That inspection and certificate were made on June 25, 1855, and the explosion occurred on August 5, following. The steamboat was a passenger boat, and that circumstance, as well as the form of the certificate itself, indicate that she was inspected under the…
2Cases cited4 opinions
- Jack v. MartinNew York Supreme Court · 1834
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
- People Ex Rel. Stone v. MinckNew York Court of Appeals · 1860
- Clintsman v. NorthropCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by6 opinions
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Chase v. . LordNew York Court of Appeals · 1879
- Lazarowitz v. KazanCity of New York Municipal Court · 1924
- Herrendeen v. WittNew York Supreme Court · 1888
- Elsworth v. MuldoonNew York Supreme Court · 1873
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