Keegan v. . the Western R.R. Co.
New York Court of Appeals
Action on the case commenced in the sureme court to recover damages for an injury sustained by the plaintiff by the bursting of a boiler of a locomotive engine upon which he was engaged as a fireman, on the defendants’ rail road.
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Action on the case commenced in the sureme court to recover damages for an injury sustained by the plaintiff by the bursting of a boiler of a locomotive engine upon which he was engaged as a fireman, on the defendants’ rail road. It was alleged in the first count of the declaration that the defendants, before and at the time of the committing of the grievances thereinafter mentioned, were the owners of a certain rail road, and of a carriage commonly called a locomotive, moved and propelled by steam, and by them used and employed in carrying and conveying passengers and goods upon and over…
1Opinion of the Court
Ruggles, Ch. J.,
delivered the opinion of the court: This case comes before the court on the report of a referee in the nature of a special verdict, and the question is, whether, upon the facts found, the defendants are liable.
The plaintiff was injured by the explosion of the boiler of a locomotive engine on which he was employed by the defendants as a fireman. The boiler was defective and dangerous, and its condition in this respect was, and had for some time been known to the defendants by the. reports of the .engineer made on five or six different occasions, which were entered on the…
2Cited by17 opinions
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Sioux City & Pacific Railroad v. FinlaysonNebraska Supreme Court · 1884
- Gabrielson v. . WaydellNew York Court of Appeals · 1892
- Mitchell v. RobinsonIndiana Supreme Court · 1881
- Leonard v. . CollinsNew York Court of Appeals · 1877
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