Losee v. . Buchanan
New York Court of Appeals
Appeal by defendants, Coe S. Buchanan and Daniel A. Bullard, from an order of the General Term of the Supreme Court in the fourth judicial district, reversing a judgment entered in their favor upon a verdict. (Reported below, "61 Barb., 86.) The action was brought to recover damages occasioned 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.
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Appeal by defendants, Coe S. Buchanan and Daniel A. Bullard, from an order of the General Term of the Supreme Court in the fourth judicial district, reversing a judgment entered in their favor upon a verdict. (Reported below, "61 Barb., 86.) The action was brought to recover damages occasioned 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. The boiler exploded on the 13th day of February, 1864, by means whereof it was projected and thrown on to the plaintiff’s…
1Opinion of the Court
Earl, C.
Upon the first trial of this action, the presiding judge dismissed the complaint as against the defendants Clute, who manufactured the engine, and held that the other defendants were liable irrespective of negligence, and excluded all evidence to show that they were not guilty of negligence. Eor this error, upon appeal to the General Term, the judgment was reversed and new trial granted, the court holding that the defendants could be made liable only by proof against them of negligence. Upon the second trial, the presiding judge held in accordance with the law as thus laid down by the…
2Cases cited12 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Farrand v. MarshallNew York Supreme Court · 1855
- Stuart v. HawleyNew York Supreme Court · 1856
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3Cited by128 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Turner v. Big Lake Oil Co.Texas Supreme Court · 1936
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- Gulf, Colorado & Santa Fe Railway Co. v. OakesTexas Supreme Court · 1900
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