Warn v. Davis Oil Co.
District Court, S.D. New York
This was a libel by David J. Warn against the Davis Oil Company for damages to libelant’s canal boat, S. F. Phelps, from an explosion in defendant’s factory, near the dock at which the canal boat was lying.
1Opinion of the Court
BROWN, District Judge.
On the 30th of January, 1894, as the libelant’s canal boat, S. F. Phelps, iay at the dock in Gowanus canal, foot of Seventh street, Brooklyn, an explosion occurred in the defendants’ building a few feet distant, causing injury to the libelant’s boat, for which the above libel was filed.
In the court of appeals of this state, it was held in the case of Cosulich v. Oil Co., 122 N. Y. 118, 25 N. E. 259, that an explosion in a building, unaccompanied by any explanation by the owner, or by any evidence of care on his part, furnishes no presumption of negligence; and this was…
2Cases cited3 opinions
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Reiss v. New York Steam Co.New York Court of Appeals · 1891
- Providence Washington Ins. v. The SydneyU.S. Circuit Court for the District of Southern New York · 1886
3Cited by4 opinions
- Beall v. City of SeattleWashington Supreme Court · 1902
- Hastorf v. Hudson River Stone Supply Co.District Court, S.D. New York · 1901
- Smith v. Southern Counties Gas Co.California Court of Appeal · 1928
- Frederick Leyland & Co. v. HolmesCourt of Appeals for the Fifth Circuit · 1907