Rath v. Transit Development Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Transit Development Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of July, 1911, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 21st day of July, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The plaintiff’s intestate when at work for his master was killed by an explosion that followed a break in a steam pipe in the master’s power house. This pipe, 5 inches in diameter, was joined with a 6-inch pipe by an elbow, thence extended horizontally for 15 feet to connection with a vertical pipe which led to a steam pump. Steam was carried from the 6-inch pipe through the horizontal pipe and the vertical pipe to the pump. The usual pressure of steam was from 180 to 185 pounds. Next to the. junction of the said horizontal pipe and of the vertical pipe was a gate valve used to…
2Cases cited7 opinions
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- Reynolds v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1897
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
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