Legal Opinion

Berwind-White Coal Mining Co. v. Firment

Court of Appeals for the Second Circuit

Decided April 13, 1909No. 210PublishedCited by 6 opinions

In Krror to the Circuit Court of the United States for the Southern District of New York. This is a writ of error to review a judgment of the Circuit Court, Southern District of New York, entered on a verdict against plaintiff in error, who was defendant below. The action was brought by the plaintiff to recover damages for personal injuries resulting from the ■blowing out of a steam pipe in a boiler room on defendant’s premises on Sunday, December 3, 1905.

1Opinion of the Court

PER CTJRIAM.

The plaintiff testified that he had been ín the habit of working in and about the boiler room where.the explosion occurred, and that about two weeks before the accident he had assisted in making certain repairs and in putting flanges on one of the lengths of steam pipe. That at the time he noticed that there was a crack in one of the flanges extending from the outer rim down to the pipe, and that the pipe was rusty and the thread worn on both ends. That steam being then turned on through this length of pipe, it leaked a little from the flange and more from the pipe, whereupon he…

2Cases cited3 opinions

  1. Commercial Travelers' Mut. Acc. Ass'n v. FultonCourt of Appeals for the Second Circuit · 1897
  2. Park Bros. & Co. v. BushnellCourt of Appeals for the Second Circuit · 1894
  3. New York Transp. Co. v. GarsideCourt of Appeals for the Second Circuit · 1907

3Cited by6 opinions

  1. Central R. Co. of New Jersey v. SharkeyCourt of Appeals for the Second Circuit · 1919
  2. St. Louis S. F. R. Co. v. ClampittSupreme Court of Oklahoma · 1915
  3. Henry v. United StatesDistrict Court, District of Columbia · 1921
  4. Star Co. v. MaddenCourt of Appeals for the Second Circuit · 1911
  5. Mann v. DempsterCourt of Appeals for the Second Circuit · 1910

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