Losee v. Saratoga Paper Co.
New York Supreme Court
This action was brought to recover damages occasioned-by the explosion of a large rotary, iron steam boiler, while the same was owned and being used by the Saratoga Paper Company, at their mill situated in the village of Schuyler-' ville, Saratoga county, and State of New York, on the 13th day of February, 1864, by means whereof the boiler was projected and thrown on to the plaintiff’s premises, and through several of his buildings, thereby injuring and damaging the same.
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This action was brought to recover damages occasioned-by the explosion of a large rotary, iron steam boiler, while the same was owned and being used by the Saratoga Paper Company, at their mill situated in the village of Schuyler-' ville, Saratoga county, and State of New York, on the 13th day of February, 1864, by means whereof the boiler was projected and thrown on to the plaintiff’s premises, and through several of his buildings, thereby injuring and damaging the same. Buchanan and Bullard were joined with the paper company as defendants in the action, on the ground that they were…
1Opinion of the Court
By the court, Bockes J.
No person can be held liable for' an injury to the person or property of another unless he is proved to be in fault. Before liability will attach it must be shown, either that the act was unlawful or that it was performed in an unlawful manner. Where the act itself is unlawful, a suit may be maintained by the party injured thereby without showing negligence or want of proper care. As in the exploding purposely, a fire-cracker in the public street (29 Barb., 218). Also in throwing stones on to the premises of another purposely, or by an act purposely done (2 Coms.,.…
2Cases cited13 opinions
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Phelps v. . WaitNew York Court of Appeals · 1864
- Bullock v. BabcockNew York Supreme Court · 1829
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