Legal Opinion

Glaser v. Seitz

New York Supreme Court

Decided June 15, 1901PublishedCited by 19 opinions

Action by plaintiff to recover damages for injuries received by ’the plaintiff in consequence of the explosion of' a siphon of seltzer water purchased by the plaintiff from the defendants.

1Opinion of the CourtMcAdam, J.

Siphons of seltzer water, like the one that exploded, are in common use, and have been manufactured and sold in this citv and elsewhere for many years. They are certainly in as common use as steam boilers and gas, and an explosion of a steam boiler or of gas does not necessarily create an inference of negligence sufficient to fix liability on the defendant. The plaintiff, even in such cases, must go further, and prove affirmatively the existence of' some defect in construction, or condition of the thing which contains the gas or. steam of which the defendants were cognizant, or which they…

2Cited by19 opinions

  1. Escola v. Coca Cola Bottling Co.California Supreme Court · 1944
  2. Dail v. TaylorSupreme Court of North Carolina · 1909
  3. Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
  4. Dail v. . TaylorSupreme Court of North Carolina · 1909
  5. Ortego v. Nehi Bottling WorksSupreme Court of Louisiana · 1942

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