Beach v. Bay State Steamboat Co.
New York Supreme Court
APPEAL from an order made at a special term, overruling a demurrer to the complaint. The action was brought under the acts of 1847 and 1849, to recover damages resulting from the death of J ohn C. Beach, caused by an explosion or escape of steam on board the defendant’s steamboat, the Empire State, while on her passage from Fall River to the city of New York, the said John 0. Beach being a passenger on board of said boat.
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APPEAL from an order made at a special term, overruling a demurrer to the complaint. The action was brought under the acts of 1847 and 1849, to recover damages resulting from the death of J ohn C. Beach, caused by an explosion or escape of steam on board the defendant’s steamboat, the Empire State, while on her passage from Fall River to the city of New York, the said John 0. Beach being a passenger on board of said boat. The complaint alleges that the said John C. Beach was at the time a resident of the city of New York; that the defendant is a corporation of Massachusetts ; that the…
1Opinion of the CourtSutherland, J.
I think it is to be assumed, in deciding whether the demurrer is well taken, as was done by the judge at special term, that the explosion and death did not occur within the state of New York. If the place is material, and the pleading is ambiguous as to the place, the presumption should he against the party whose pleading it is. (Cruger v. Hudson River R. R. Co., 2 Kern. 201.)'
It necessarily results from the independent sovereignty of different states or nations, that the laws of one state or nation can have no force or effect without its own territorial limits, and within the territory of…
2Cited by13 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- In re the Estate of KilloughNew York Surrogate's Court · 1933
- State v. Pittsburgh & Connellsville Rail RoadCourt of Appeals of Maryland · 1876
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